CHAPTER 5. GENERAL POWERS
IC 5-31-5
Chapter 5. General Powers
IC 5-31-5-1
Mission
Sec. 1. The corporation shall encourage and facilitate thedevelopment of health informatics functions in Indiana.
As added by P.L.111-2007, SEC.2.
IC 5-31-5-2
Powers; general authorization
Sec. 2. The corporation is granted all powers necessary orappropriate to carry out the corporation's public and corporatepurposes under this article.
As added by P.L.111-2007, SEC.2.
IC 5-31-5-3
Authority to employ personnel; authority to contract
Sec. 3. (a) Subject to approval by the budget agency, thecorporation may, without the approval of the attorney general,employ legal counsel, technical experts, and other officers, agents,and employees, permanent or temporary, that the corporationconsiders necessary to carry out the efficient operation of thecorporation.
(b) Subject to approval by the budget agency, the corporation mayenter into contracts without the approval of the attorney general.
As added by P.L.111-2007, SEC.2.
IC 5-31-5-4
Authority to determine policies relating to personnel
Sec. 4. (a) The corporation shall determine qualifications, duties,compensation, and terms of service for persons employed by thecorporation as employees or as independent contractors.
(b) The board may adopt a resolution providing that thecorporation's employees who are eligible to participate in the publicemployees' retirement fund under the eligibility requirements setforth in IC 5-10.2 and IC 5-10.3 shall participate in the publicemployees' retirement fund.
(c) The board may adopt a resolution to allow the corporation'semployees to participate in group insurance and other benefit plans,including the state employees' deferred compensation plan, that areavailable to state employees.
As added by P.L.111-2007, SEC.2.
IC 5-31-5-5
Ethics rules
Sec. 5. The board and the corporation's employees are:
(1) under the jurisdiction of and subject to rules adopted by thestate ethics commission; and
(2) subject to ethics rules and requirements that apply to the
executive branch of state government.
However, the board may adopt additional ethics rules andrequirements that are more stringent than those adopted by the stateethics commission.
As added by P.L.111-2007, SEC.2.
IC 5-31-5-6
Advisory panels
Sec. 6. (a) The board may create any advisory panels that theboard considers useful to advise the board and the corporation onissues determined by the board.
(b) In creating an advisory panel to advise the board and thecorporation on a particular issue, the board shall appoint advisersconsidered appropriate by the board. When the board determines theappropriate advisers to appoint to an advisory panel, the board shallconsider the interests of at least the following health care systemconstituencies affected by the particular issue to be studied orreviewed by the advisory panel:
(1) Physicians.
(2) Insurers.
(3) Health maintenance organizations.
(4) Health care information systems.
(5) Hospitals and health systems.
(6) Laboratory services.
(7) Radiological services.
(8) Local health departments.
(9) Rural health organizations.
(10) Regional health information exchange organizations.
(11) Pharmacies.
(12) Pharmacy benefit managers.
(13) Dentists.
(14) Any other health care providers.
(15) Patient safety organizations.
(16) Behavioral health organizations.
(17) Organizations concerned with health care informationsecurity and privacy.
(18) Consumers.
(19) The budget director or the director's designee.
(20) The commissioner of the department of insurance or thecommissioner's designee.
As added by P.L.111-2007, SEC.2.
IC 5-31-5-7
Employees; public employees for limited purposes
Sec. 7. For purposes of IC 34-13-2, IC 34-13-3, and IC 34-13-4,the board and the corporation's employees are public employees (asdefined in IC 34-6-2-38).
As added by P.L.111-2007, SEC.2.
IC 5-31-5-8
Authority to adopt rules
Sec. 8. The corporation shall adopt rules under IC 4-22-2 to carryout the corporation's duties under this article. The board may alsoadopt emergency rules under IC 4-22-2-37.1 to carry out the board'sduties under this article.
As added by P.L.111-2007, SEC.2.
IC 5-31-5-9
Public meetings; public records
Sec. 9. Except as otherwise specifically provided by law, thecorporation and the board are subject to IC 5-14-1.5 and IC 5-14-3.
As added by P.L.111-2007, SEC.2.
IC 5-31-5-10
Authority to reimburse employees
Sec. 10. An employee of the corporation is entitled to receive:
(1) reimbursement for traveling expenses to the same extent asis provided under IC 4-13-1-4 to officers and employees of stateagencies; and
(2) reimbursement of other expenses actually incurred inconnection with the employee's duties as approved by thebudget agency.
As added by P.L.111-2007, SEC.2.
IC 5-31-5-11
Authority to request appropriations
Sec. 11. The corporation may request appropriations from thegeneral assembly to:
(1) carry out the corporation's duties under this article; and
(2) fund the effort to develop and operate a statewide healthinformation exchange.
As added by P.L.111-2007, SEC.2.
IC 5-31-5-12
Indiana health informatics fund
Sec. 12. (a) The Indiana health informatics fund is established.
(b) Except as provided in section 13 of this chapter, thecorporation shall deposit the following in the fund:
(1) All appropriations made by the general assembly to thecorporation.
(2) All funding received from nonprofit entities underIC 5-31-6-2(4).
(3) All other contributions received by the corporation from anonprofit entity, as long as the nonprofit entity does nototherwise have an interest in the decisions of the corporation orboard.
(c) The corporation shall administer the fund. The treasurer ofstate shall invest the money in the fund not currently needed to meetthe obligations of the fund in the same manner as public money may
be invested. Interest that accrues from these investments shall bedeposited in the fund.
(d) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
(e) Except as provided in the terms of the contribution, money inthe fund may be used at the discretion of the board to carry out in anymanner the corporation's purposes under this article.
As added by P.L.111-2007, SEC.2.
IC 5-31-5-13
Authority to establish a nonprofit subsidiary
Sec. 13. (a) The board may establish a nonprofit subsidiarycorporation to solicit and accept nonprofit entity contributions.
(b) A subsidiary corporation established under this section:
(1) must use money received under subsection (a) to carry outin any manner the purposes and programs under this article;
(2) must report to the budget committee each year concerning:
(A) the use of money received under subsection (a); and
(B) the balances in any accounts or funds established by thesubsidiary corporation; and
(3) may deposit money received under subsection (a) in anaccount or fund that is:
(A) administered by the subsidiary corporation; and
(B) not part of the state treasury.
(c) The state board of accounts shall annually audit a subsidiarycorporation established under this section.
As added by P.L.111-2007, SEC.2.
IC 5-31-5-14
Restriction on issuing bonds
Sec. 14. The corporation may not issue bonds or any other debtobligations.
As added by P.L.111-2007, SEC.2.
IC 5-31-5-15
Authority to make grants and loans
Sec. 15. The corporation may make grants, loans, and loanguarantees to carry out the purposes of this article.
As added by P.L.111-2007, SEC.2.