CHAPTER 5. INDIANA HEALTH CARE TRUST ACCOUNT
IC 4-12-5
Chapter 5. Indiana Health Care Trust Account
IC 4-12-5-1
"Account" defined
Sec. 1. As used in this chapter, "account" refers to the Indianahealth care account established by section 3 of this chapter.
As added by P.L.21-2000, SEC.3. Amended by P.L.291-2001,SEC.54.
IC 4-12-5-2
"Master settlement agreement" defined
Sec. 2. As used in this chapter, "master settlement agreement" hasthe meaning set forth in IC 24-3-3-6.
As added by P.L.21-2000, SEC.3.
IC 4-12-5-3
Establishment and purpose of account; administration
Sec. 3. (a) The Indiana health care account is established withinthe Indiana tobacco master settlement agreement fund for thepurpose of promoting the health of the citizens of Indiana. Theaccount consists of:
(1) amounts, if any, that another statute requires to bedistributed to the account from the Indiana tobacco mastersettlement agreement fund;
(2) appropriations to the account from other sources; and
(3) grants, gifts, and donations intended for deposit in theaccount.
(b) The account shall be administered by the budget agency.Money in the account at the end of the state fiscal year does notrevert to the state general fund but remains available for expenditure.
As added by P.L.21-2000, SEC.3. Amended by P.L.291-2001,SEC.55.
IC 4-12-5-4
Distribution of money from account
Sec. 4. Subject to appropriation by the general assembly, reviewby the budget committee, and approval by the budget agency, theauditor of state shall distribute money from the account to public orprivate entities or individuals for the implementation of programsconcerning one (1) or more of the following purposes:
(1) The children's health insurance program established underIC 12-17.6.
(2) Cancer detection tests and cancer education programs.
(3) Heart disease and stroke education programs.
(4) Assisting community health centers in providing:
(A) vaccinations against communicable diseases, with anemphasis on service to youth and senior citizens;
(B) health care services and preventive measures thataddress the special health care needs of minorities (as
defined in IC 16-46-6-2); and
(C) health care services and preventive measures in ruralareas.
(5) Promoting health and wellness activities.
(6) Encouraging the prevention of disease, particularly tobaccorelated diseases.
(7) Addressing the special health care needs of those who suffermost from tobacco related diseases, including end of life andlong term care alternatives.
(8) Addressing minority health disparities.
(9) Addressing the impact of tobacco related diseases,particularly on minorities and females.
(10) Promoting community based health care, particularly inareas with a high percentage of underserved citizens, includingindividuals with disabilities, or with a shortage of health careprofessionals.
(11) Enhancing local health department services.
(12) Expanding community based minority healthinfrastructure.
(13) Other purposes recommended by the Indiana health caretrust fund advisory board established by section 5 of thischapter.
As added by P.L.21-2000, SEC.3. Amended by P.L.291-2001,SEC.56.
IC 4-12-5-5
Advisory board
Sec. 5. (a) The Indiana health care account advisory board isestablished. The advisory board shall meet at least quarterly and atthe call of the chairperson to make recommendations to the governor,the budget agency, and the general assembly concerning the prioritiesfor appropriation and distribution of money from the account.
(b) The advisory board consists of the following:
(1) The following three (3) ex officio members:
(A) The director of the budget agency or the director'sdesignee.
(B) The commissioner of the state department of health orthe commissioner's designee.
(C) The secretary of family and social services or thesecretary's designee.
(2) Two (2) members of the senate, who may not be membersof the same political party, appointed by the president protempore of the senate.
(3) Two (2) members of the house of representatives, who maynot be members of the same political party, appointed by thespeaker of the house.
(4) The following appointees by the governor who represent thefollowing organizations or interests:
(A) The Indiana Dental Association.
(B) The Indiana Hospital and Health Association. (C) The Indiana Minority Health Coalition.
(D) The Indiana Chapter of the American Academy ofPediatrics.
(E) The Indiana State Medical Association.
(F) The Indiana State Nurses Association.
(G) The Indiana Health Care Association.
(H) A local health officer or a rural health organization.
(I) A primary health care organization.
(J) A senior citizens organization.
(K) The Indiana Chapter of the National MedicalAssociation.
(L) A consumer or representative of an end of life careorganization, an alternative to long term care services, or adisability organization.
(M) A psychiatrist licensed under IC 25-22.5 or apsychologist licensed under IC 25-33.
(c) The term of office of a legislative member of the advisoryboard is four (4) years. However, a legislative member of theadvisory board ceases to be a member of the advisory board if themember:
(1) is no longer a member of the chamber from which themember was appointed; or
(2) is removed from the advisory board under subsection (d).
(d) A legislative member of the advisory board may be removedat any time by the appointing authority who appointed the legislativemember.
(e) The term of office of a member of the advisory boardappointed under subsection (b)(4) is four (4) years. However, thesemembers serve at the pleasure of the governor and may be removedfor any reason.
(f) If a vacancy exists on the advisory board with respect to alegislative member or the members appointed under subsection(b)(4), the appointing authority who appointed the former memberwhose position has become vacant shall appoint an individual to fillthe vacancy for the balance of the unexpired term.
(g) The governor shall appoint a member of the advisorycommittee to serve as chairperson.
(h) Eleven (11) members of the advisory board constitute aquorum for the transaction of business at a meeting of the advisoryboard. The affirmative vote of at least eleven (11) members of theadvisory board is necessary for the advisory board to take action.
(i) Each member of the advisory board who is not a stateemployee is not entitled to the minimum salary per diem provided byIC 4-10-11-2.1(b). The member is, however, entitled toreimbursement for traveling expenses as provided under IC 4-13-1-4and other expenses actually incurred in connection with the member'sduties as provided in the state policies and procedures established bythe Indiana department of administration and approved by the budgetagency.
(j) Each member of the advisory board who is a state employee
but who is not a member of the general assembly is entitled toreimbursement for traveling expenses as provided under IC 4-13-1-4and other expenses actually incurred in connection with the member'sduties as provided in the state policies and procedures established bythe Indiana department of administration and approved by the budgetagency.
(k) Each member of the advisory board who is a member of thegeneral assembly is entitled to receive the same per diem, mileage,and travel allowances paid to legislative members of interim studycommittees established by the legislative council. Per diem, mileage,and travel allowances paid under this subsection shall be paid fromappropriations made to the legislative council or the legislativeservices agency.
(l) Payments authorized for members of the advisory board undersubsections (i) through (k) are payable from the account.
(m) The budget agency shall serve as the staff to the advisoryboard.
As added by P.L.21-2000, SEC.3. Amended by P.L.291-2001,SEC.57.
IC 4-12-5-6
Applications for grants
Sec. 6. A public or private entity or an individual may submit anapplication to the board for a grant from the account. Eachapplication must be in writing and contain the following information:
(1) A clear objective to be achieved with the grant.
(2) A plan for implementation of the specific program.
(3) A statement of the manner in which the proposed programwill further the goals of the Indiana tobacco use prevention andcessation board's mission statement and long range state planunder IC 4-12-4.
(4) The amount of the grant requested.
(5) An evaluation and assessment component to determine theprogram's performance.
(6) Any other information required by the advisory board.
The advisory board may adopt written guidelines to establishprocedures, forms, additional evaluation criteria, and applicationdeadlines.
As added by P.L.21-2000, SEC.3. Amended by P.L.291-2001,SEC.58.
IC 4-12-5-7
Cumulative nature of appropriations and distributions
Sec. 7. Appropriations and distributions from the account underthis chapter are in addition to and not in place of other appropriationsor distributions made for the same purpose.
As added by P.L.21-2000, SEC.3. Amended by P.L.291-2001,SEC.59.