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 Indiana
health 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" has
the 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 within
the Indiana tobacco master settlement agreement fund for the
purpose of promoting the health of the citizens of Indiana. The
account consists of:
(1) amounts, if any, that another statute requires to be
distributed to the account from the Indiana tobacco master
settlement agreement fund;
(2) appropriations to the account from other sources; and
(3) grants, gifts, and donations intended for deposit in the
account.
(b) The account shall be administered by the budget agency.
Money in the account at the end of the state fiscal year does not
revert 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, review
by the budget committee, and approval by the budget agency, the
auditor of state shall distribute money from the account to public or
private entities or individuals for the implementation of programs
concerning one (1) or more of the following purposes:
(1) The children's health insurance program established under
IC 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 an
emphasis on service to youth and senior citizens;
(B) health care services and preventive measures that
address the special health care needs of minorities (as
defined in IC 16-46-6-2); and
(C) health care services and preventive measures in rural
areas.
(5) Promoting health and wellness activities.
(6) Encouraging the prevention of disease, particularly tobacco
related diseases.
(7) Addressing the special health care needs of those who suffer
most from tobacco related diseases, including end of life and
long 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 in
areas with a high percentage of underserved citizens, including
individuals with disabilities, or with a shortage of health care
professionals.
(11) Enhancing local health department services.
(12) Expanding community based minority health
infrastructure.
(13) Other purposes recommended by the Indiana health care
trust fund advisory board established by section 5 of this
chapter. 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 is
established. The advisory board shall meet at least quarterly and at
the call of the chairperson to make recommendations to the governor,
the budget agency, and the general assembly concerning the priorities
for 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's
designee.
(B) The commissioner of the state department of health or
the commissioner's designee.
(C) The secretary of family and social services or the
secretary's designee.
(2) Two (2) members of the senate, who may not be members
of the same political party, appointed by the president pro
tempore of the senate.
(3) Two (2) members of the house of representatives, who may
not be members of the same political party, appointed by the
speaker of the house.
(4) The following appointees by the governor who represent the
following 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 of
Pediatrics.
(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 Medical
Association.
(L) A consumer or representative of an end of life care
organization, an alternative to long term care services, or a
disability organization.
(M) A psychiatrist licensed under IC 25-22.5 or a
psychologist licensed under IC 25-33.
(c) The term of office of a legislative member of the advisory
board is four (4) years. However, a legislative member of the
advisory board ceases to be a member of the advisory board if the
member:
(1) is no longer a member of the chamber from which the
member was appointed; or
(2) is removed from the advisory board under subsection (d).
(d) A legislative member of the advisory board may be removed
at any time by the appointing authority who appointed the legislative
member.
(e) The term of office of a member of the advisory board
appointed under subsection (b)(4) is four (4) years. However, these
members serve at the pleasure of the governor and may be removed
for any reason.
(f) If a vacancy exists on the advisory board with respect to a
legislative member or the members appointed under subsection
(b)(4), the appointing authority who appointed the former member
whose position has become vacant shall appoint an individual to fill
the vacancy for the balance of the unexpired term.
(g) The governor shall appoint a member of the advisory
committee to serve as chairperson.
(h) Eleven (11) members of the advisory board constitute a
quorum for the transaction of business at a meeting of the advisory
board. The affirmative vote of at least eleven (11) members of the
advisory board is necessary for the advisory board to take action.
(i) Each member of the advisory board who is not a state
employee is not entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is, however, entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(j) Each member of the advisory board who is a state employee
but who is not a member of the general assembly is entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(k) Each member of the advisory board who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to legislative members of interim study
committees established by the legislative council. Per diem, mileage,
and travel allowances paid under this subsection shall be paid from
appropriations made to the legislative council or the legislative
services agency.
(l) Payments authorized for members of the advisory board under
subsections (i) through (k) are payable from the account.
(m) The budget agency shall serve as the staff to the advisory
board. 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 an
application to the board for a grant from the account. Each
application 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 program
will further the goals of the Indiana tobacco use prevention and
cessation board's mission statement and long range state plan
under IC 4-12-4.
(4) The amount of the grant requested.
(5) An evaluation and assessment component to determine the
program's performance.
(6) Any other information required by the advisory board.
The advisory board may adopt written guidelines to establish
procedures, forms, additional evaluation criteria, and application
deadlines. 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 under
this chapter are in addition to and not in place of other appropriations
or distributions made for the same purpose. As added by P.L.21-2000, SEC.3. Amended by P.L.291-2001,
SEC.59.
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 Indiana
health 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" has
the 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 within
the Indiana tobacco master settlement agreement fund for the
purpose of promoting the health of the citizens of Indiana. The
account consists of:
(1) amounts, if any, that another statute requires to be
distributed to the account from the Indiana tobacco master
settlement agreement fund;
(2) appropriations to the account from other sources; and
(3) grants, gifts, and donations intended for deposit in the
account.
(b) The account shall be administered by the budget agency.
Money in the account at the end of the state fiscal year does not
revert 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, review
by the budget committee, and approval by the budget agency, the
auditor of state shall distribute money from the account to public or
private entities or individuals for the implementation of programs
concerning one (1) or more of the following purposes:
(1) The children's health insurance program established under
IC 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 an
emphasis on service to youth and senior citizens;
(B) health care services and preventive measures that
address the special health care needs of minorities (as
defined in IC 16-46-6-2); and
(C) health care services and preventive measures in rural
areas.
(5) Promoting health and wellness activities.
(6) Encouraging the prevention of disease, particularly tobacco
related diseases.
(7) Addressing the special health care needs of those who suffer
most from tobacco related diseases, including end of life and
long 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 in
areas with a high percentage of underserved citizens, including
individuals with disabilities, or with a shortage of health care
professionals.
(11) Enhancing local health department services.
(12) Expanding community based minority health
infrastructure.
(13) Other purposes recommended by the Indiana health care
trust fund advisory board established by section 5 of this
chapter. 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 is
established. The advisory board shall meet at least quarterly and at
the call of the chairperson to make recommendations to the governor,
the budget agency, and the general assembly concerning the priorities
for 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's
designee.
(B) The commissioner of the state department of health or
the commissioner's designee.
(C) The secretary of family and social services or the
secretary's designee.
(2) Two (2) members of the senate, who may not be members
of the same political party, appointed by the president pro
tempore of the senate.
(3) Two (2) members of the house of representatives, who may
not be members of the same political party, appointed by the
speaker of the house.
(4) The following appointees by the governor who represent the
following 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 of
Pediatrics.
(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 Medical
Association.
(L) A consumer or representative of an end of life care
organization, an alternative to long term care services, or a
disability organization.
(M) A psychiatrist licensed under IC 25-22.5 or a
psychologist licensed under IC 25-33.
(c) The term of office of a legislative member of the advisory
board is four (4) years. However, a legislative member of the
advisory board ceases to be a member of the advisory board if the
member:
(1) is no longer a member of the chamber from which the
member was appointed; or
(2) is removed from the advisory board under subsection (d).
(d) A legislative member of the advisory board may be removed
at any time by the appointing authority who appointed the legislative
member.
(e) The term of office of a member of the advisory board
appointed under subsection (b)(4) is four (4) years. However, these
members serve at the pleasure of the governor and may be removed
for any reason.
(f) If a vacancy exists on the advisory board with respect to a
legislative member or the members appointed under subsection
(b)(4), the appointing authority who appointed the former member
whose position has become vacant shall appoint an individual to fill
the vacancy for the balance of the unexpired term.
(g) The governor shall appoint a member of the advisory
committee to serve as chairperson.
(h) Eleven (11) members of the advisory board constitute a
quorum for the transaction of business at a meeting of the advisory
board. The affirmative vote of at least eleven (11) members of the
advisory board is necessary for the advisory board to take action.
(i) Each member of the advisory board who is not a state
employee is not entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is, however, entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(j) Each member of the advisory board who is a state employee
but who is not a member of the general assembly is entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(k) Each member of the advisory board who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to legislative members of interim study
committees established by the legislative council. Per diem, mileage,
and travel allowances paid under this subsection shall be paid from
appropriations made to the legislative council or the legislative
services agency.
(l) Payments authorized for members of the advisory board under
subsections (i) through (k) are payable from the account.
(m) The budget agency shall serve as the staff to the advisory
board. 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 an
application to the board for a grant from the account. Each
application 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 program
will further the goals of the Indiana tobacco use prevention and
cessation board's mission statement and long range state plan
under IC 4-12-4.
(4) The amount of the grant requested.
(5) An evaluation and assessment component to determine the
program's performance.
(6) Any other information required by the advisory board.
The advisory board may adopt written guidelines to establish
procedures, forms, additional evaluation criteria, and application
deadlines. 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 under
this chapter are in addition to and not in place of other appropriations
or distributions made for the same purpose. As added by P.L.21-2000, SEC.3. Amended by P.L.291-2001,
SEC.59.
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 Indiana
health 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" has
the 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 within
the Indiana tobacco master settlement agreement fund for the
purpose of promoting the health of the citizens of Indiana. The
account consists of:
(1) amounts, if any, that another statute requires to be
distributed to the account from the Indiana tobacco master
settlement agreement fund;
(2) appropriations to the account from other sources; and
(3) grants, gifts, and donations intended for deposit in the
account.
(b) The account shall be administered by the budget agency.
Money in the account at the end of the state fiscal year does not
revert 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, review
by the budget committee, and approval by the budget agency, the
auditor of state shall distribute money from the account to public or
private entities or individuals for the implementation of programs
concerning one (1) or more of the following purposes:
(1) The children's health insurance program established under
IC 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 an
emphasis on service to youth and senior citizens;
(B) health care services and preventive measures that
address the special health care needs of minorities (as
defined in IC 16-46-6-2); and
(C) health care services and preventive measures in rural
areas.
(5) Promoting health and wellness activities.
(6) Encouraging the prevention of disease, particularly tobacco
related diseases.
(7) Addressing the special health care needs of those who suffer
most from tobacco related diseases, including end of life and
long 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 in
areas with a high percentage of underserved citizens, including
individuals with disabilities, or with a shortage of health care
professionals.
(11) Enhancing local health department services.
(12) Expanding community based minority health
infrastructure.
(13) Other purposes recommended by the Indiana health care
trust fund advisory board established by section 5 of this
chapter. 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 is
established. The advisory board shall meet at least quarterly and at
the call of the chairperson to make recommendations to the governor,
the budget agency, and the general assembly concerning the priorities
for 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's
designee.
(B) The commissioner of the state department of health or
the commissioner's designee.
(C) The secretary of family and social services or the
secretary's designee.
(2) Two (2) members of the senate, who may not be members
of the same political party, appointed by the president pro
tempore of the senate.
(3) Two (2) members of the house of representatives, who may
not be members of the same political party, appointed by the
speaker of the house.
(4) The following appointees by the governor who represent the
following 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 of
Pediatrics.
(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 Medical
Association.
(L) A consumer or representative of an end of life care
organization, an alternative to long term care services, or a
disability organization.
(M) A psychiatrist licensed under IC 25-22.5 or a
psychologist licensed under IC 25-33.
(c) The term of office of a legislative member of the advisory
board is four (4) years. However, a legislative member of the
advisory board ceases to be a member of the advisory board if the
member:
(1) is no longer a member of the chamber from which the
member was appointed; or
(2) is removed from the advisory board under subsection (d).
(d) A legislative member of the advisory board may be removed
at any time by the appointing authority who appointed the legislative
member.
(e) The term of office of a member of the advisory board
appointed under subsection (b)(4) is four (4) years. However, these
members serve at the pleasure of the governor and may be removed
for any reason.
(f) If a vacancy exists on the advisory board with respect to a
legislative member or the members appointed under subsection
(b)(4), the appointing authority who appointed the former member
whose position has become vacant shall appoint an individual to fill
the vacancy for the balance of the unexpired term.
(g) The governor shall appoint a member of the advisory
committee to serve as chairperson.
(h) Eleven (11) members of the advisory board constitute a
quorum for the transaction of business at a meeting of the advisory
board. The affirmative vote of at least eleven (11) members of the
advisory board is necessary for the advisory board to take action.
(i) Each member of the advisory board who is not a state
employee is not entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is, however, entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(j) Each member of the advisory board who is a state employee
but who is not a member of the general assembly is entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(k) Each member of the advisory board who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to legislative members of interim study
committees established by the legislative council. Per diem, mileage,
and travel allowances paid under this subsection shall be paid from
appropriations made to the legislative council or the legislative
services agency.
(l) Payments authorized for members of the advisory board under
subsections (i) through (k) are payable from the account.
(m) The budget agency shall serve as the staff to the advisory
board. 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 an
application to the board for a grant from the account. Each
application 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 program
will further the goals of the Indiana tobacco use prevention and
cessation board's mission statement and long range state plan
under IC 4-12-4.
(4) The amount of the grant requested.
(5) An evaluation and assessment component to determine the
program's performance.
(6) Any other information required by the advisory board.
The advisory board may adopt written guidelines to establish
procedures, forms, additional evaluation criteria, and application
deadlines. 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 under
this chapter are in addition to and not in place of other appropriations
or distributions made for the same purpose. As added by P.L.21-2000, SEC.3. Amended by P.L.291-2001,
SEC.59.
