House Bill 1309 (Pregnancy Accommodation), authored by Rep. Karen Engleman (R-Georgetown), passed the Senate 31-19 after a lengthy debate. The bill allows an employee to request an accommodation for the employee’s pregnancy and gives Indiana a law in line with the federal Pregnancy Accommodation Act and Americans With Disabilities Act. Specifically, the bill also prohibits an employer from disciplining, terminating or retaliating against an employee because the employee has requested or used an accommodation for the employee’s pregnancy. With no amendments, this Indiana Chamber-backed bill now heads to the Governor for his signature, which he has indicated he will provide.
House Bill 1002 (Civil Immunity Related to COVID-19), authored by Rep. Jerry Torr (R-Carmel) cleared the Senate 41-9. The Chamber-supported bill protects health care providers from professional discipline for certain acts or omissions in response to COVID-19. It also provides immunity from civil liability to certain persons, entities and facilities providing health care and other services for certain acts or omissions related to the provision of health care services and other services during a state disaster emergency. Finally, it also prohibits filing a class action lawsuit against political subdivisions and postsecondary educational institutions for a loss arising out of COVID in a contract or implied contract. The bill returns to the House for a concurrence or dissent. In the most recent conversation with Rep. Torr, he was uncertain whether he would concur or not.
House Bill 1405 (Insurance Matters), authored by Rep. Matt Lehman (R-Berne), is what is annually termed the Department of Insurance legislation. A provision on drug disclosures that we opposed and mentioned last report was removed this week via an amendment from Sen. Andy Zay (R-Huntington). However, what we will call “SB 131 light” regarding pharmacy benefit managers (PBMs) was amended back into the bill by Sen. Mike Bohacek (R-Michigan City). That provision says that unless a PBM passes along 85% of rebates to a covered individual before cost sharing, the PBM will provide explanations of rebates, how rebates accrue to the plan and all aggregate rebates accrued to the plan in the previous year. We still don’t like the bill, but it is somewhat better. We will be working to get Rep. Lehman and Rep. Martin Carbaugh (R-Fort Wayne) to remove this language in conference committee.
Senate Bill 143 (Pharmacy Benefit Managers), authored by Sen. Andy Zay (R-Huntington), has been on the second reading calendar for a week and has attracted a tremendous amount of amendments – 17 to be exact. The House sponsor, Rep. Matt Lehman (R-Berne), is uncertain what he will do at the time of this writing. He is expected to call the bill down on the last day of second reading. The Chamber has suggested that he should continue to pass until the second reading deadline has come and gone. We continue to oppose this bill, which would bring more regulation on pharmacy benefit managers and may ultimately drive up health plan prescription drug costs.
Senate Bill 251 (Deduction of Dues to Exclusive Representative), authored by Sen. Phil Boots (R-Crawfordsville) cleared the full House 58-34 and returns to the Senate without any amendments. The bill is now eligible for the Governor’s signature. The Chamber-supported legislation provides that a school employee has the right to resign from and end any financial obligation to a school employee organization at any time. It also provides that a school employee must annually authorize a pay deduction to a school employee organization. Finally, a school employer shall annually provide, at a time it prescribes, written or electronic mail notification to its school employees of their right to cease payment of school employee organization dues and to withdraw from that organization. Full details.
Resource: Mike Ripley at (317) 264-6883 or email: mripley@indianachamber.com
