reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8. Group Insurance for Public Employees › 5-10-8-12. Department Report of the Number of Stimulant Medication Prescriptions for Covered Children Diagnosed With Certain Disorders

Sec. 12. (a) As used in this section, "covered individual" means an individual who is covered under an employee health plan.
(b) As used in this section, "employee health plan" means:
(1) a self-insurance program established under section 7(b) of this chapter; or
(2) a contract with a prepaid health care delivery plan entered into under section 7(c) of this chapter;
that provides a prescription drug benefit.
(c) The state personnel department may report to the drug utilization review board established by IC 12-15-35-19, not later than October 1 of each calendar year, the number of covered individuals who are:
(1) less than eighteen (18) years of age; and
(2) prescribed a stimulant medication approved by the federal Food and Drug Administration for the treatment of attention deficit disorder or attention deficit hyperactivity disorder.
As added by P.L.107-2002, SEC.3.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8. Group Insurance for Public Employees › 5-10-8-13. Mail Order or Internet Based Pharmacy

Sec. 13. (a) As used in this section, "covered individual" means an individual who is entitled to coverage under an employee health benefit plan.
(b) As used in this section, "employee health benefit plan" means a group plan of self-insurance, policy, or contract that:
(1) provides coverage for prescription drugs; and
(2) is established, purchased, or entered into by an employer for the benefit of the employer's employees.
(c) As used in this section, "employer" means the following:
(1) A public employer.
(2) A state educational institution.
(d) As used in this section, "mail order or Internet based pharmacy" has the meaning set forth in IC 25-26-18-1.
(e) An employee health benefit plan that provides coverage for prescription drugs may designate a mail order or an Internet based pharmacy to provide prescription drugs to a covered individual.
(f) An employee health benefit plan may not require a covered individual to obtain a prescription drug from a pharmacy designated under subsection (e) as a condition of coverage.
As added by P.L.251-2003, SEC.1. Amended by P.L.2-2007, SEC.83.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8. Group Insurance for Public Employees › 5-10-8-14.8. Employee Health Plan Providing Coverage for Prescription Eye Drops

Sec. 14.8. (a) This section applies to an employee health plan that provides coverage for prescription eye drops.
(b) As used in this section, "covered individual" means an individual who is entitled to coverage under a state employee health plan.
(c) As used in this section, "state employee health plan" means one (1) of the following:
(1) A self-insurance program established under section 7(b) of this chapter to provide group health coverage.
(2) A contract with a prepaid health care delivery plan that is entered into or renewed under section 7(c) of this chapter.
(d) A state employee health plan must provide coverage for a refill of prescription eye drops if the following are met:
(1) For a thirty (30) day supply, the covered individual requests the refill not earlier than twenty-five (25) days after the date the prescription eye drops were last dispensed to the covered individual.
(2) For a ninety (90) day supply, the covered individual requests the refill not earlier than seventy-five (75) days after the date the prescription eye drops were last dispensed to the covered individual.
(3) The prescribing practitioner has indicated on the prescription that the prescription eye drops are refillable and the refill requested by the covered individual does not exceed the refillable amount remaining on the prescription.
(e) The coverage required by subsection (d) must not be subject to dollar limits, copayments, deductibles, or coinsurance provisions that are less favorable to a covered individual than the dollar limits, copayments, deductibles, or coinsurance provisions that apply to coverage for prescription drugs generally under the state employee health plan.
(f) This section applies to a state employee health plan issued, delivered, amended, or renewed after December 31, 2015.
As added by P.L.43-2015, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8. Group Insurance for Public Employees › 5-10-8-14.9. Coverage of Methadone

Sec. 14.9. (a) This section applies to an employee health plan that is established, entered into, amended, or renewed after June 30, 2015.
(b) As used in this section, "state employee health plan" means one (1) of the following:
(1) A self-insurance program established under section 7(b) of this chapter to provide group health coverage.
(2) A contract with a prepaid health care delivery plan that is entered into or renewed under section 7(c) of this chapter.
(c) A state employee health plan may provide coverage for methadone if the drug is prescribed for the treatment of pain or pain management as follows:
(1) If the daily dosage is not more than sixty (60) milligrams.
(2) If the daily dosage is more than sixty (60) milligrams, only if:
(A) prior authorization is obtained; and
(B) a determination of medical necessity has been shown by the provider.
As added by P.L.209-2015, SEC.1. Amended by P.L.149-2016, SEC.18.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8. Group Insurance for Public Employees › 5-10-8-16. High Breast Density

Sec. 16. (a) As used in this section, "covered individual" means an individual who is entitled to coverage under a state employee health plan.
(b) As used in this section, "high breast density" means a condition in which there is a greater amount of breast and connective tissue in comparison to fat in the breast.
(c) A state employee health plan must provide coverage for an appropriate medical screening, test, or examination for a female covered individual who is at least forty (40) years of age and who has been determined to have high breast density.
As added by P.L.126-2013, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8. Group Insurance for Public Employees › 5-10-8-16.5. Post-Mastectomy Coverage

Sec. 16.5. (a) As used in this section, "covered individual" means an individual who is entitled to coverage under a state employee health plan.
(b) As used in this section, "mastectomy" means the removal of all or part of a breast for reasons that are determined by a licensed physician to be medically necessary.
(c) A state employee health plan that provides coverage for a mastectomy must provide coverage as required under 29 U.S.C. 1185b, including coverage for:
(1) prosthetic devices; and
(2) reconstructive surgery incident to a mastectomy including:
(A) all stages of reconstruction of the breast on which the mastectomy has been performed; and
(B) surgery and reconstruction of the other breast to produce symmetry;
in the manner determined by the attending physician and the covered individual to be appropriate.
(d) In addition to the coverage required by 29 U.S.C. 1185b, a state employee health plan that provides coverage for a mastectomy must provide coverage for:
(1) custom fabricated breast prostheses; and
(2) one (1) additional breast prosthesis per breast affected by the mastectomy.
(e) Coverage required under this section is subject to:
(1) the deductible and coinsurance provisions applicable to a mastectomy; and
(2) all other terms and conditions applicable to other benefits.
(f) A state employee health plan must provide to a covered individual, when the individual's coverage under the state employee health plan begins and annually thereafter, written notice of the coverage required under this section. Notice that is sent by the state employee health plan that meets the requirements set forth in 29 U.S.C. 1185b constitutes compliance with this subsection.
(g) The coverage required under this section applies to a state employee health plan that provides coverage for a mastectomy, regardless of whether an individual who:
(1) underwent a mastectomy; and
(2) is covered under the state employee health plan;
was covered under the state employee health plan at the time of the mastectomy.
(h) Except as provided in subsection (d), this section does not require a state employee health plan to provide coverage related to postmastectomy care that exceeds the coverage required for postmastectomy care under federal law.
As added by P.L.67-2020, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8. Group Insurance for Public Employees › 5-10-8-18. Prescription Drug Coverage

Sec. 18. (a) The definitions in section 17 of this chapter apply throughout this section.
(b) This section applies to a state employee health plan that uses a formulary, cost sharing, or utilization review for prescription drug coverage.
(c) A state employee health plan shall not remove a prescription drug from the state employee health plan's formulary, change the cost sharing requirements that apply to a prescription drug, or change the utilization review requirements that apply to a prescription drug unless the state employee health plan does at least one (1) of the following:
(1) At least sixty (60) days before the removal or change is effective, send written notice of the removal or change to each covered individual for whom the prescription drug has been prescribed during the preceding twelve (12) month period.
(2) At the time a covered individual for whom the prescription drug has been prescribed during the preceding twelve (12) month period requests a refill of the prescription drug, provide to the covered individual:
(A) written notice of the removal or change; and
(B) a sixty (60) day supply of the prescription drug under the terms that applied before the removal or change.
As added by P.L.19-2016, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8. Group Insurance for Public Employees › 5-10-8-19. Prior Authorization

Sec. 19. A self-insurance program established under section 7(b) of this chapter to provide health care coverage shall comply with the prior authorization requirements that apply to a health plan under IC 27-1-37.5.
As added by P.L.77-2018, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8. Group Insurance for Public Employees › 5-10-8-20. Right to Provide Prescription Cost Information; Point of Sale Cost Limit; Pharmacist May Not Be Required to Collect Higher Copayment

Sec. 20. (a) As used in this section, "covered individual" means an individual entitled to coverage under a state employee plan.
(b) As used in this section, "drug" means a prescription drug.
(c) As used in this section, "pharmacy" refers to a pharmacist or pharmacy that has entered into an agreement with a state employee plan to provide drugs to individuals covered under a state employee plan.
(d) As used in this section, "state employee plan" refers to the following that provide coverage for drugs:
(1) A self-insurance program established under section 7(b) of this chapter to provide group health coverage.
(2) A contract with a prepaid health care delivery plan that is entered into or renewed under section 7(c) of this chapter.
The term includes a person that administers drug benefits on behalf of a state employee plan.
(e) A pharmacy or pharmacist shall have the right to provide a covered individual with information concerning the amount of the covered individual's cost share for a prescription drug. Neither a pharmacy nor a pharmacist shall be proscribed by a pharmacy benefit manager from discussing this information or from selling to the covered individual a more affordable alternative if an affordable alternative is available.
(f) A pharmacy benefit manager that covers prescription drugs may not include a provision that requires a covered individual to make payment for a prescription drug at the point of sale in an amount that exceeds the lesser of:
(1) the contracted copayment amount; or
(2) the amount of total approved charges by the pharmacy benefit manager at the point of sale.
This subsection does not prohibit the adjudication of claims in accordance with the state employee plan administered by a pharmacy benefit manager. The covered individual is not liable for any additional charges or entitled to any credits as a result of the adjudicated claim.
(g) The state employee plan or a pharmacy benefit manager may not require a pharmacy or pharmacist to collect a higher copayment for a prescription drug from a covered individual than the state employee plan or pharmacy benefit manager allows the pharmacy or pharmacist to retain.
As added by P.L.209-2018, SEC.1. Amended by P.L.114-2020, SEC.1; P.L.9-2022, SEC.6.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8. Group Insurance for Public Employees › 5-10-8-21. Coverage for Anatomical Gifts, Transplantation, or Related Health Care Services

Sec. 21. (a) As used in this section, "covered individual" means an individual who:
(1) is entitled to coverage under a state employee health plan; and
(2) has a disability (as defined 42 U.S.C. 12102).
(b) As used in this section, "state employee health plan" means either of the following that provides coverage for anatomical gifts, transplantation, or related health care services:
(1) A self-insurance program established under section 7(b) of this chapter to provide group health coverage.
(2) A contract with a prepaid health care delivery plan that is entered into or renewed under section 7(c) of this chapter.
The term includes a person that administers coverage under a state employee health plan.
(c) A state employee health plan shall not deny coverage for anatomical gifts, transplantation, or related health care services under the state employee health plan based solely on the disability of the covered individual.
As added by P.L.2-2019, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8. Group Insurance for Public Employees › 5-10-8-22. Coverage for Chronic Pain Management

Sec. 22. (a) As used in this section, "chronic pain" means pain that:
(1) persists beyond the usual course of an acute disease or healing of an injury; or
(2) may be associated with an acute or chronic pathologic process that causes continuous or intermittent pain for a period of months or years.
(b) As used in this section, "chronic pain management" means evidence based health care products and services intended to relieve chronic pain that has lasted for at least three (3) months. The term includes:
(1) prescription drugs;
(2) physical therapy;
(3) occupational therapy;
(4) chiropractic care; and
(5) osteopathic manipulative treatment.
(c) As used in this section, "covered individual" means an individual entitled to coverage under a state employee health plan.
(d) As used in this section, "state employee health plan" means the following:
(1) A self-insurance program established under section 7(b) of this chapter.
(2) A contract for prepaid health care services entered into under section 7(c) of this chapter.
The term does not include a dental plan.
(e) A state employee health plan must provide coverage for medically necessary chronic pain management prescribed by a covered individual's treating practitioner.
(f) The coverage required by this section may not be subject to annual or lifetime limitation, deductible, copayment, or coinsurance provisions that are more restrictive than the annual or lifetime limitation, deductible, copayment, or coinsurance provisions that apply generally under the state employee health plan.
As added by P.L.149-2019, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8. Group Insurance for Public Employees › 5-10-8-22.5. Amount Paid for Prescription Drug to Be Counted Against Deductible

Sec. 22.5. (a) As used in this section, "covered individual" means an individual who is entitled to coverage under a state employee health plan.
(b) As used in this section, "state employee health plan" means the following:
(1) A self-insurance program established under section 7(b) of this chapter.
(2) A contract for prepaid health services under section 7(c) of this chapter.
(c) A state employee health plan shall implement a procedure to allow a covered individual to submit a claim to offset the covered individual's deductible for the cost of a purchase by the covered individual of a prescription drug that:
(1) is covered under the state employee health plan; and
(2) was purchased by the covered individual without submitting at the point of purchase the claim through the state employee health plan.
(d) If a covered individual submits a claim to the state employee health plan in accordance with the procedure established under subsection (c), the state employee health plan shall verify the purchase described under subsection (c) and count the amount paid by the covered individual for the purchased covered prescription drug against the covered individual's deductible.
As added by P.L.114-2020, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8. Group Insurance for Public Employees › 5-10-8-23. Reimbursement for Emergency Medical Services

Sec. 23. (a) As used in this section, "covered individual" means an individual who is entitled to coverage under a state employee health plan.
(b) As used in this section, "emergency medical services provider organization" means a provider of emergency medical services that is certified by the Indiana emergency medical services commission as an advanced life support provider organization under rules adopted under IC 16-31-3.
(c) As used in this section, "state employee health plan" means either of the following that provides coverage for emergency medical services:
(1) A self-insurance program established under section 7(b) of this chapter to provide group health coverage.
(2) A contract with a prepaid health care delivery plan that is entered into or renewed under section 7(c) of this chapter.
(d) A state employee health plan that provides coverage for emergency medical services must at least provide reimbursement, subject to applicable deductible and coinsurance, for a covered individual for emergency medical services that are:
(1) rendered by an emergency medical services provider organization;
(2) within the emergency medical services provider organization's scope of practice;
(3) performed or provided as advanced life support services; and
(4) performed or provided during a response initiated through the 911 system, regardless of whether the patient was transported.
(e) If multiple emergency medical services provider organizations qualify and submit a claim for reimbursement under this section for an encounter, the state employee health plan:
(1) may only reimburse, subject to applicable deductible and coinsurance, under this section for one (1) claim per patient encounter; and
(2) shall reimburse, subject to applicable deductible and coinsurance, the claim submitted by the emergency medical services provider organization that performed or provided the majority of advanced life support services for the patient.
(f) The state personnel department may adopt rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1, to implement this section.
(g) This section does not restrict the state employee health plan from providing coverage beyond the requirements in this section.
As added by P.L.115-2020, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8. Group Insurance for Public Employees › 5-10-8-24. Coverage for Pediatric Neuropsychiatric Disorders

Sec. 24. (a) As used in this section, "state employee health plan" means the following:
(1) A self-insurance program established under section 7(b) of this chapter.
(2) A contract for prepaid health services entered into under section 7(c) of this chapter.
(b) A state employee health plan must provide coverage for treatment of:
(1) pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections (PANDAS); and
(2) pediatric acute-onset neuropsychiatric syndrome (PANS);
including treatment with intravenous immunoglobulin therapy.
(c) The coverage required by this section may not be subject to annual or lifetime limitation, deductible, copayment, or coinsurance provisions that are more restrictive than the annual or lifetime limitation, deductible, copayment, or coinsurance provisions that apply generally under the state employee health plan.
As added by P.L.130-2020, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8. Group Insurance for Public Employees › 5-10-8-25. Disability Plans; Correctional Officer

Sec. 25. (a) This section applies to a correctional officer employed by the department of correction who is injured after June 30, 2022.
(b) For purposes of this section, "qualified wages" means:
(1) the number of hours that a correctional officer is typically scheduled to work during a pay period, as determined by the department of correction; multiplied by
(2) the injured employee's rate of pay as of the date of the injury.
(c) The plans adopted under section 7(d) of this chapter must provide on a biweekly basis, after a seven (7) day elimination period, one hundred percent (100%) of qualified wages for an employee who is disabled by injuries resulting from tortious acts, as distinguished from passive negligence, that occur within the employee's scope of state employment.
As added by P.L.119-2022, SEC.2.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8. Group Insurance for Public Employees › 5-10-8-26. Coverage for Wearable Cardioverter Defibrillators

Sec. 26. (a) As used in this section, "state employee health plan" means a:
(1) self-insurance program established under section 7(b) of this chapter; or
(2) contract with a prepaid health care delivery plan entered into under section 7(c) of this chapter;
to provide group health coverage for state employees.
(b) As used in this section, "wearable cardioverter defibrillator" means a device that:
(1) is worn externally on an individual's body;
(2) continually monitors and analyzes the individual's heart rhythm; and
(3) delivers a shock to the heart when an abnormal heart rhythm is detected.
(c) A state employee health plan must provide coverage for wearable cardioverter defibrillators, including the cost of the wearable cardioverter defibrillator, any necessary accessory, and ongoing monitoring services.
(d) The coverage required under subsection (c) must be in accordance with a:
(1) local coverage determination; or
(2) national coverage determination;
as defined in 42 U.S.C. 1395ff(f) for Medicare purposes.
(e) The coverage required under this section may not be subject to an annual or lifetime limitation.
As added by P.L.190-2023, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.1. State Employee Health Benefits; Provider Payment › 5-10-8.1-1. "Administrator" Defined

Sec. 1. As used in this chapter, "administrator" means:
(1) the state personnel department;
(2) an entity with which the state contracts to administer health coverage under IC 5-10-8-7(b); or
(3) a prepaid health care delivery plan with which the state contracts under IC 5-10-8-7(c).
As added by P.L.162-2001, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.1. State Employee Health Benefits; Provider Payment › 5-10-8.1-2. "Clean Claim" Defined

Sec. 2. As used in this chapter, "clean claim" means a claim submitted by a provider for payment under a health benefit plan that has no defect, impropriety, or particular circumstance requiring special treatment preventing payment.
As added by P.L.162-2001, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.1. State Employee Health Benefits; Provider Payment › 5-10-8.1-3. "Covered Individual" Defined

Sec. 3. As used in this chapter, "covered individual" means an individual who is:
(1) covered under a self-insurance program established under IC 5-10-8-7(b) to provide group health coverage; or
(2) entitled to services under a contract for health services entered into or renewed under IC 5-10-8-7(c).
As added by P.L.162-2001, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.1. State Employee Health Benefits; Provider Payment › 5-10-8.1-4. "Health Benefit Plan" Defined

Sec. 4. As used in this chapter, "health benefit plan" means a self-insurance program established to provide group health coverage as described in IC 5-10-8-7(b), or a contract for health services as described in IC 5-10-8-7(c).
As added by P.L.162-2001, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.1. State Employee Health Benefits; Provider Payment › 5-10-8.1-5. "Provider" Defined

Sec. 5. As used in this chapter, "provider" has the meaning set forth in IC 27-8-11-1.
As added by P.L.162-2001, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.1. State Employee Health Benefits; Provider Payment › 5-10-8.1-6. Notice of Deficiencies in Claims

Sec. 6. (a) The administrator shall pay or deny each clean claim in accordance with section 7 of this chapter.
(b) An administrator shall notify a provider of any deficiencies in a submitted claim not more than:
(1) thirty (30) days for a claim that is filed electronically; or
(2) forty-five (45) days for a claim that is filed on paper;
and describe any remedy necessary to establish a clean claim.
(c) Failure of an administrator to notify a provider as required under subsection (b) establishes the submitted claim as a clean claim.
As added by P.L.162-2001, SEC.1. Amended by P.L.137-2002, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.1. State Employee Health Benefits; Provider Payment › 5-10-8.1-7. Payment or Denial of Claims; Interest

Sec. 7. (a) The administrator shall pay or deny each clean claim as follows:
(1) If the claim is filed electronically, not more than thirty (30) days after the date the claim is received by the administrator.
(2) If the claim is filed on paper, not more than forty-five (45) days after the date the claim is received by the administrator.
(b) If:
(1) the administrator fails to pay or deny a clean claim in the time required under subsection (a); and
(2) the administrator subsequently pays the claim;
the administrator shall pay the provider that submitted the claim interest on the health benefit plan allowable amount of the claim paid under this section.
(c) Interest paid under subsection (b):
(1) accrues beginning:
(A) thirty-one (31) days after the date the claim is filed under subsection (a)(1); or
(B) forty-six (46) days after the date the claim is filed under subsection (a)(2); and
(2) stops accruing on the date the claim is paid.
(d) In paying interest under subsection (b), the administrator shall use the same interest rate as provided in IC 12-15-21-3(7)(A).
As added by P.L.162-2001, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.1. State Employee Health Benefits; Provider Payment › 5-10-8.1-8. Permitted Forms

Sec. 8. A provider shall submit only the following forms for payment by an administrator:
(1) CMS-1500.
(2) CMS-1450 (UB-04).
(3) American Dental Association (ADA) claim form.
As added by P.L.162-2001, SEC.1. Amended by P.L.208-2018, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.5. Retirement Medical Benefits Account › 5-10-8.5-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 18 of this chapter by P.L.124-2008 apply to premiums paid after July 31, 2007, for individual or group health coverage for a retired participant and the spouse and dependents of a retired participant.
As added by P.L.220-2011, SEC.69.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.5. Retirement Medical Benefits Account › 5-10-8.5-1. Application of Chapter

Sec. 1. (a) Except as provided in this section, this chapter applies to an individual who is one (1) of the following:
(1) An employee of the executive, legislative, or judicial branch of state government.
(2) A state elected or appointed officer.
(3) A member of the general assembly.
(4) An elected officer paid by the state.
(5) An officer paid by the state under IC 33-23-5-10, IC 33-38-5-7, or IC 33-39-6-2.
(b) An individual described in subsection (a) other than the following is a participant in the retirement medical benefits account:
(1) A conservation officer of the department of natural resources.
(2) An employee of the state excise police.
(3) An employee of the state police department, other than the following:
(A) An employee of the state police department who waived coverage under a common and unified plan of self-insurance under IC 5-10-8-6 before July 1, 2011.
(B) An employee of the state police department who makes an election under IC 5-10-8.5-9.5.
(C) An employee of the state police department who makes an election under IC 5-10-8.5-9.6.
As added by P.L.44-2007, SEC.1. Amended by P.L.229-2011, SEC.70.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.5. Retirement Medical Benefits Account › 5-10-8.5-4. "Department"

Sec. 4. As used in this chapter, "department" refers to the state personnel department established under IC 4-15-2.2.
As added by P.L.44-2007, SEC.1. Amended by P.L.6-2012, SEC.27.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.5. Retirement Medical Benefits Account › 5-10-8.5-5. "Employer"

Sec. 5. As used in this chapter, "employer" means the following:
(1) For an elected officer, appointed officer, or employee of the executive branch of state government who is a participant in the retirement medical benefits account, the state, including any board, commission, department, division, authority, institution, establishment, facility, or governmental unit under the supervision of the state, having a payroll in relation to persons it immediately employs.
(2) For a member of the general assembly or an employee of the legislative branch of state government:
(A) the president pro tempore of the senate, for a member or an employee of the senate;
(B) the speaker of the house, for a member or an employee of the house of representatives; or
(C) the personnel subcommittee of the legislative council, for an employee of the legislative services agency.
(3) For:
(A) a justice;
(B) a judge;
(C) a prosecuting attorney;
(D) an officer described under section 1(a)(5) of this chapter; or
(E) an employee of the judicial branch of state government, including an employee of any board, commission, department, division, authority, institution, establishment, facility, or governmental unit under the supervision of the judicial branch, having a payroll in relation to persons it immediately employs;
the Indiana supreme court.
As added by P.L.44-2007, SEC.1. Amended by P.L.229-2011, SEC.71.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.5. Retirement Medical Benefits Account › 5-10-8.5-6. "Fund"

Sec. 6. As used in this chapter, "fund" refers to the public employees' retirement fund established under IC 5-10.3-2-1.
As added by P.L.44-2007, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.5. Retirement Medical Benefits Account › 5-10-8.5-6.5. "Inprs"

Sec. 6.5. "INPRS" refers to the Indiana public retirement system established by IC 5-10.5-2-1.
As added by P.L.108-2019, SEC.87.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.5. Retirement Medical Benefits Account › 5-10-8.5-7. "Internal Revenue Code"

Sec. 7. As used in this chapter, "Internal Revenue Code":
(1) means the Internal Revenue Code of 1954, as in effect September 1, 1974, if permitted with respect to governmental plans; or
(2) to the extent not inconsistent with subdivision (1), has the meaning set forth in IC 6-3-1-11.
As added by P.L.44-2007, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.5. Retirement Medical Benefits Account › 5-10-8.5-8. "Participant"

Sec. 8. As used in this chapter, "participant" means an individual for whom a subaccount is established under section 14 of this chapter.
As added by P.L.44-2007, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.5. Retirement Medical Benefits Account › 5-10-8.5-9. "Retired Participant"

Sec. 9. (a) As used in this chapter, "retired participant" means the following:
(1) A participant who is eligible for a normal, unreduced or disability retirement benefit (as determined by the Indiana public employee retirement fund of which the participant is a member) on the participant's last day of service.
(2) A participant who has completed at least ten (10) years of service as an elected or appointed officer on the participant's last day of service as an elected or appointed officer. For purposes of determining whether a participant has completed at least ten (10) years of service on the participant's last day of service for purposes of this subdivision, any partial year of service completed by the participant in the year in which the participant is appointed to fill a vacant elected office shall be considered to be one (1) complete year of service.
(3) A participant in PERF MyChoice who is at least normal retirement age on the participant's last day of service.
(b) For a participant described in subsection (a)(2) who has service with more than one (1) employer, the participant's years of service is the sum of all of the participant's years of service.
As added by P.L.44-2007, SEC.1. Amended by P.L.205-2013, SEC.75; P.L.92-2021, SEC.5.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.5. Retirement Medical Benefits Account › 5-10-8.5-9.5. Transfer of Service Credit; Eligible Employee

Sec. 9.5. (a) This section applies only to a person who:
(1) was an employee of the executive, legislative, or judicial branch of state government (other than an employee described in section 1(b)(1) through 1(b)(3) of this chapter);
(2) after June 30, 2007, and before July 1, 2011, left employment in the position described in subdivision (1) and was employed by the state police department in a position other than as an eligible employee (as defined in IC 10-12-1-3); and
(3) on July 1, 2011, is employed by the state police department in a position other than as an eligible employee (as defined in IC 10-12-1-3).
(b) A person who satisfies the conditions of subsection (a) may after June 30, 2011, and before September 1, 2011, make a one (1) time irrevocable election to become a participant in the retirement medical benefits account. A person who makes an election under this subsection to become a participant in the retirement medical benefits account may not also be a participant in the state police retiree medical benefit plan.
As added by P.L.229-2011, SEC.72.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.5. Retirement Medical Benefits Account › 5-10-8.5-9.6. Transfer of Service Credit; Position Other Than Eligible Employee

Sec. 9.6. (a) This section applies only to a person who:
(1) is an employee of the executive, legislative, or judicial branch of state government (other than an employee described in section 1(b)(1) through 1(b)(3) of this chapter); and
(2) after June 30, 2011, leaves employment in the position described in subdivision (1) and becomes employed by the state police department in a position other than as an eligible employee (as defined in IC 10-12-1-3).
(b) A person who satisfies the conditions of subsection (a) may, not more than sixty (60) days after leaving employment as described in subsection (a)(1) and becoming employed by the state police department in a position other than as an eligible employee (as defined in IC 10-12-1-3), make a one (1) time irrevocable election to remain a participant in the retirement medical benefits account. A person who makes an election under this subsection to remain a participant in the retirement medical benefits account may not also be a participant in the state police retiree medical benefit plan.
As added by P.L.229-2011, SEC.73.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.5. Retirement Medical Benefits Account › 5-10-8.5-11. Account Established; Administered by Inprs; Specific Appropriation Required

Sec. 11. (a) The INPRS shall adopt provisions to establish a retirement medical benefits account as a health reimbursement arrangement or as a separate fund under another applicable section of the Internal Revenue Code for the purpose of funding by an employer on a pretax basis benefits for sickness, accident, hospitalization, and medical expenses for a participant and the spouse and dependents of a participant after the participant's retirement.
(b) The INPRS shall administer the account and may request the assistance of the department, the fund, and other state agencies. The account shall be maintained as a separate account to pay benefits for sickness, accident, hospitalization, and medical expenses for retired participants and their spouses and dependents.
(c) Notwithstanding any other provision of this chapter, the INPRS may not establish the account or implement the health reimbursement arrangement unless the general assembly makes a specific appropriation to implement the health reimbursement arrangement.
(d) The INPRS may adopt rules and regulations under IC 5-10.5-4-2 that it considers appropriate or necessary to administer the account.
As added by P.L.44-2007, SEC.1. Amended by P.L.108-2019, SEC.88.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.5. Retirement Medical Benefits Account › 5-10-8.5-12. Authorization to Request Internal Revenue Service Rulings

Sec. 12. The INPRS may request from the Internal Revenue Service any rulings or determination letters that the INPRS considers necessary or appropriate in order to implement or administer the account.
As added by P.L.44-2007, SEC.1. Amended by P.L.108-2019, SEC.89.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.5. Retirement Medical Benefits Account › 5-10-8.5-13. Management and Pooling of Account Assets; Confidentiality of Account Records

Sec. 13. (a) The INPRS may designate the board of trustees of the fund to manage the assets in the account in the same manner and with the same limitations that apply to the management of the assets in the fund.
(b) The assets in the account may be commingled or pooled with other public funds for investment purposes.
(c) The account and subaccount records of individual participants and participants' information are confidential, except for the name and contributions made on behalf of the participant.
As added by P.L.44-2007, SEC.1. Amended by P.L.108-2019, SEC.90.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.5. Retirement Medical Benefits Account › 5-10-8.5-14. Account; Subaccounts; Administrative Costs

Sec. 14. (a) The account may consist of the following:
(1) Contributions made by a participant's employer to the account under section 15 or 16 of this chapter.
(2) All earnings on investments or deposits of the account.
(3) All contributions or payments to the account made in a manner provided by the general assembly.
(b) The administrative costs of the account shall be paid from the earnings of the account before the earnings are credited to participants' subaccounts.
(c) The INPRS shall establish a subaccount for each participant. Each participant's subaccount may be credited with:
(1) the contributions made to the account on behalf of the participant under this chapter; and
(2) after the costs described in subsection (b) are paid, the earnings attributable to the balance of the subaccount offset by the administrative costs not covered by subsection (b).
As added by P.L.44-2007, SEC.1. Amended by P.L.108-2019, SEC.91.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.5. Retirement Medical Benefits Account › 5-10-8.5-17. Eligibility for Benefits; Benefit Amount

Sec. 17. (a) A retired participant is entitled to receive a benefit from the account. The benefit amount is the balance in the participant's subaccount as determined under this chapter.
(b) A participant who is not a retired participant is not entitled to receive a benefit from the account when the participant separates from service.
(c) Years of service that accrued to an individual during the individual's service as an employee described in section 1(b)(1) through 1(b)(3) of this chapter may not be included in determining the individual's eligibility for the retirement medical benefits account under this chapter, regardless of whether the individual is a retired participant described in section 9 of this chapter.
As added by P.L.44-2007, SEC.1. Amended by P.L.229-2011, SEC.76; P.L.108-2019, SEC.93.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.5. Retirement Medical Benefits Account › 5-10-8.5-18. Account Benefits; Coverage

Sec. 18. The balance in a retired participant's subaccount may be used by the retired participant and the spouse and dependents of the retired participant to pay premiums for individual or group health coverage.
As added by P.L.44-2007, SEC.1. Amended by P.L.124-2008, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.5. Retirement Medical Benefits Account › 5-10-8.5-19. Surviving Spouse or Dependent Use of Account; Forfeiture

Sec. 19. (a) The surviving spouse or dependent of a retired participant may use amounts credited to the retired participant to pay health insurance and other health care related expenses to the same extent and in the same manner as the retired participant.
(b) If a retired participant dies without a surviving spouse or dependents, unused amounts credited to the retired participant are forfeited.
(c) Any forfeited amount may be used to reduce the contributions required under this chapter.
As added by P.L.44-2007, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 8.5. Retirement Medical Benefits Account › 5-10-8.5-20. Inprs Annual Submission of Information Necessary to Review Financial Status of the Account

Sec. 20. The INPRS shall submit annually to the interim study committee on pension management oversight the information necessary for it to review the financial status of the account.
As added by P.L.44-2007, SEC.1. Amended by P.L.108-2019, SEC.94.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 9. Deposits on Behalf of Local Employees › 5-10-9-1. "Municipal Corporation" Defined

Sec. 1. As used in this chapter:
"Municipal corporation" means county, city, town, township, school corporation, library district, fire protection district, public transportation corporation, local hospital authority or corporation, local airport authority district, special service district, or other separate local governmental entity that may sue and be sued. The term does not include special taxing district.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.8, SEC.43.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 9. Deposits on Behalf of Local Employees › 5-10-9-2. Deposits

Sec. 2. An employee of a municipal corporation may make a written request that any compensation due him from the municipal corporation be deposited to his account in a bank or trust company. Upon receipt of request, the officer responsible for making the disbursements may:
(1) draw a check in favor of the bank or trust company set forth in the request for the credit of the employee; or
(2) in the event more than one (1) employee of the same municipal corporation designates the same bank or trust company, draw a single check in favor of the bank or trust company for the total amount due the employees and transmit the check to the bank or trust company identifying each employee and the amount to be deposited in each employee's account.
[Pre-Local Government Recodification Citation: 19-10-5-1 part.]
As added by Acts 1980, P.L.8, SEC.43.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 9. Deposits on Behalf of Local Employees › 5-10-9-3. Payments

Sec. 3. Payment by a municipal corporation of a check properly endorsed and drawn in accordance with this chapter constitutes full payment for the amount due the employee.
[Pre-Local Government Recodification Citation: 19-10-5-1 part.]
As added by Acts 1980, P.L.8, SEC.43.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 9.8. Special Death Benefit Fund › 5-10-9.8-1. Definitions

Sec. 1. The following definitions apply throughout this chapter:
(1) "Board" refers to the board of trustees of the Indiana public retirement system.
(2) "Employer" means an employer of an employee that may receive a lump sum death benefit under a statute identified in section 2(a) of this chapter.
(3) "Fund" refers to the special death benefit fund established by section 2 of this chapter.
As added by P.L.40-2017, SEC.1. Amended by P.L.99-2020, SEC.1.
2023 Indiana Code › Title 5. State and Local Administration › Article 10. Public Employee Benefits › Chapter 9.8. Special Death Benefit Fund › 5-10-9.8-2. Establishment of Fund; Source of Funding; Administration; Investment; Nonreversion

Sec. 2. (a) The special death benefit fund is established for the purpose of paying lump sum death benefits under the following statutes:
(1) IC 5-10-10.
(2) IC 5-10-11.
(3) IC 10-12-6.
(4) IC 36-8-6-20.
(5) IC 36-8-7-26.
(6) IC 36-8-7.5-22.
(7) IC 36-8-8-20.
(b) The fund consists of:
(1) appropriations by the general assembly;
(2) fees remitted to the board under IC 35-33-8-3.2, IC 5-10-10-4.5, IC 5-10-10-4.8, and IC 5-10-10-4.9;
(3) contributions from employers;
(4) gifts; and
(5) interest or other investment income earned on money in the fund.
(c) The fund shall be administered by the board. The expenses of administering the fund shall be paid from money in the fund.
(d) The board shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as the board's other funds may be invested. Interest that accrues from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.40-2017, SEC.1. Amended by P.L.99-2020, SEC.2.