HB 1224

                                                             Introduced Version
           HOUSE BILL No. 1224
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-18-2; IC 16-38-7.5; IC 35-52-16-33.5.
Synopsis: Indiana vaccination adverse event reporting system.
Requires the Indiana department of health (department) to establish an
Indiana vaccination adverse event reporting system (IVAERS) for
reporting the occurrence of adverse events relating to childhood
vaccines. Provides that IVAERS must enable a health care provider to
report the occurrence of an adverse event experienced by a child
residing in Indiana who is under the care of the health care provider.
Requires the department to create a searchable Internet data base for
publishing information reported through IVAERS. Provides that the
health information of a particular individual is confidential. Specifies
the requirements for releasing health information of a particular
individual and who may receive the information. Provides that a person
who knowingly, intentionally, or recklessly discloses confidential
information received through IVAERS in violation of the statute
commits a Class A misdemeanor. Requires the department to adopt
certain rules concerning IVAERS. Makes an appropriation.
Effective: July 1, 2026.
                              Borders
   January 5, 2026, read first time and referred to Committee on Public Health.
2026  IN 1224—LS 6936/DI 92
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1224
    A BILL FOR AN ACT to amend the Indiana Code concerning
 health and to make an appropriation.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 16-18-2-7.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2026]: Sec. 7.5. "Adverse event", for purposes of IC 16-38-7.5,
4 has the meaning set forth in IC 16-38-7.5-1.
5    SECTION 2. IC 16-18-2-54.6 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2026]: Sec. 54.6. "Childhood vaccine", for
8 purposes of IC 16-38-7.5, has the meaning set forth in
9 IC 16-38-7.5-2.
10    SECTION 3. IC 16-18-2-163, AS AMENDED BY
11 P.L.179-2022(ss), SECTION 4, IS AMENDED TO READ AS
12 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 163. (a) Except as
13 provided in subsection (c), "health care provider", for purposes of
14 IC 16-21, IC 16-38-7.5, and IC 16-41, means any of the following:
15      (1) An individual, a partnership, a corporation, a professional
16      corporation, a facility, or an institution licensed or legally
17      authorized by this state to provide health care or professional
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1services as a licensed physician, a psychiatric hospital, a hospital,
2a health facility, an emergency ambulance service (IC 16-31-3),
3a dentist, a registered or licensed practical nurse, a midwife, an
4optometrist, a pharmacist, a podiatrist, a chiropractor, a physical
5therapist, a respiratory care practitioner, an occupational therapist,
6a psychologist, a paramedic, an emergency medical technician, an
7advanced emergency medical technician, an athletic trainer, or a
8person who is an officer, employee, or agent of the individual,
9partnership, corporation, professional corporation, facility, or
10institution acting in the course and scope of the person's
11employment.
12(2) A college, university, or junior college that provides health
13care to a student, a faculty member, or an employee, and the
14governing board or a person who is an officer, employee, or agent
15of the college, university, or junior college acting in the course
16and scope of the person's employment.
17(3) A blood bank, community mental health center, community
18intellectual disability center, community health center, or migrant
19health center.
20(4) A home health agency (as defined in IC 16-27-1-2).
21(5) A health maintenance organization (as defined in
22IC 27-13-1-19).
23(6) A health care organization whose members, shareholders, or
24partners are health care providers under subdivision (1).
25(7) A corporation, partnership, or professional corporation not
26otherwise qualified under this subsection that:
27(A) provides health care as one (1) of the corporation's,
28partnership's, or professional corporation's functions;
29(B) is organized or registered under state law; and
30(C) is determined to be eligible for coverage as a health care
31provider under IC 34-18 for the corporation's, partnership's, or
32professional corporation's health care function.
33 Coverage for a health care provider qualified under this subdivision is
34 limited to the health care provider's health care functions and does not
35 extend to other causes of action.
36    (b) "Health care provider", for purposes of IC 16-35, has the
37 meaning set forth in subsection (a). However, for purposes of IC 16-35,
38 the term also includes a health facility (as defined in section 167 of this
39 chapter).
40    (c) "Health care provider", for purposes of IC 16-32-5, IC 16-36-5,
41 IC 16-36-6, and IC 16-41-10 means an individual licensed or
42 authorized by this state to provide health care or professional services
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1 as:
2(1) a licensed physician;
3(2) a registered nurse;
4(3) a licensed practical nurse;
5(4) an advanced practice registered nurse;
6(5) a certified nurse midwife;
7(6) a paramedic;
8(7) an emergency medical technician;
9(8) an advanced emergency medical technician;
10(9) an emergency medical responder, as defined by section 109.8
11of this chapter;
12(10) a licensed dentist;
13(11) a home health aide, as defined by section 174 of this chapter;
14or
15(12) a licensed physician assistant.
16 The term includes an individual who is an employee or agent of a
17 health care provider acting in the course and scope of the individual's
18 employment.
19     (d) "Health care provider", for purposes of IC 16-36-7, has the
20 meaning set forth in IC 16-36-7-12.
21     (e) "Health care provider", for purposes of IC 16-40-4, means any
22 of the following:
23(1) An individual, a partnership, a corporation, a professional
24corporation, a facility, or an institution licensed or authorized by
25the state to provide health care or professional services as a
26licensed physician, a psychiatric hospital, a hospital, a health
27facility, an emergency ambulance service (IC 16-31-3), an
28ambulatory outpatient surgical center, a dentist, an optometrist, a
29pharmacist, a podiatrist, a chiropractor, a psychologist, or a
30person who is an officer, employee, or agent of the individual,
31partnership, corporation, professional corporation, facility, or
32institution acting in the course and scope of the person's
33employment.
34(2) A blood bank, laboratory, community mental health center,
35community intellectual disability center, community health
36center, or migrant health center.
37(3) A home health agency (as defined in IC 16-27-1-2).
38(4) A health maintenance organization (as defined in
39IC 27-13-1-19).
40(5) A health care organization whose members, shareholders, or
41partners are health care providers under subdivision (1).
42(6) A corporation, partnership, or professional corporation not
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1otherwise specified in this subsection that:
2(A) provides health care as one (1) of the corporation's,
3partnership's, or professional corporation's functions;
4(B) is organized or registered under state law; and
5(C) is determined to be eligible for coverage as a health care
6provider under IC 34-18 for the corporation's, partnership's, or
7professional corporation's health care function.
8(7) A person that is designated to maintain the records of a person
9described in subdivisions (1) through (6).
10    (f) "Health care provider", for purposes of IC 16-45-4, has the
11 meaning set forth in 47 CFR 54.601(a).
12    SECTION 4. IC 16-18-2-194.9 IS ADDED TO THE INDIANA
13 CODE AS A NEW SECTION TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2026]: Sec. 194.9. "IVAERS", for purposes
15 of IC 16-38-7.5, has the meaning set forth in IC 16-38-7.5-3.
16    SECTION 5. IC 16-38-7.5 IS ADDED TO THE INDIANA CODE
17 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2026]:
19    Chapter 7.5. Indiana Vaccination Adverse Event Reporting
20 System
21    Sec. 1. As used in this chapter, "adverse event" means any of the
22 following occurring after the administration of a childhood
23 vaccine:
24(1) An event that is a reportable event for purposes of the
25administration of the federal vaccination adverse event
26reporting system as published by the United States
27Department of Health and Human Services in the Table of
28Reportable Events in effect on January 1, 2022.
29(2) A diagnosis that a child receiving the childhood vaccine
30has autism spectrum disorder.
31(3) Any other reaction or injury that a health care provider
32determines is proximately caused by the administration of the
33childhood vaccine.
34    Sec. 2. As used in this chapter, "childhood vaccine" means an
35 immunization described in IC 20-34-4-2(a).
36    Sec. 3. As used in this chapter, "IVAERS" refers to the Indiana
37 vaccination adverse event reporting system established under
38 section 4 of this chapter.
39    Sec. 4. The state department shall develop the Indiana
40 vaccination adverse event reporting system. IVAERS must enable
41 a health care provider to report the occurrence of an adverse event
42 experienced by a child residing in Indiana who is under the care of
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1 the health care provider.
2    Sec. 5. A health care provider shall, in the form and manner
3 required by the rules adopted by the state department, report to
4 the state department through IVAERS the occurrence of an
5 adverse event experienced by a child residing in Indiana who is
6 under the care of the health care provider.
7    Sec. 6. The state department shall do the following:
8      (1) Create a searchable Internet data base for publishing
9      information reported through IVAERS under section 5 of this
10      chapter after removing any personal identifying information
11      of a child who experiences an adverse event.
12      (2) Provide continuing twenty-four (24) hour a day online
13      access to the data base.
14      (3) Secure the information collected under section 5 of this
15      chapter and the data base maintained under this chapter
16      against access by unauthorized persons.
17    Sec. 7. (a) Health information reported by a health care
18 provider through IVAERS is confidential.
19    (b) The state department may release information received
20 through IVAERS relating to a particular individual to the
21 individual or to the individual's parent or guardian if the
22 individual is less than eighteen (18) years of age.
23    (c) With the consent of the individual or of the individual's
24 parent or guardian if the individual is less than eighteen (18) years
25 of age, the state department may release information received
26 through IVAERS relating to a particular individual to a health
27 care provider.
28    (d) A person who knowingly, intentionally, or recklessly
29 discloses confidential information received through IVAERS in
30 violation of this chapter commits a Class A misdemeanor.
31    Sec. 8. The state department shall adopt rules under IC 4-22-2
32 to implement this chapter, including rules concerning the
33 following:
34      (1) The form and manner in which a health care provider
35      must submit information to IVAERS.
36      (2) Protecting the privacy and personal identifying
37      information of children who experience adverse events.
38      (3) The form and manner of publishing information relating
39      to adverse events without breaching the confidentiality of the
40      health information of particular individuals.
41      (4) The design of the data base required under section 6 of this
42      chapter.
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1    Sec. 9. Money is annually appropriated to the state department
2 from the state general fund in an amount sufficient to establish and
3 maintain IVAERS established under section 4 of this chapter.
4    SECTION 6. IC 35-52-16-33.5 IS ADDED TO THE INDIANA
5 CODE AS A NEW SECTION TO READ AS FOLLOWS
6 [EFFECTIVE JULY 1, 2026]: Sec. 33.5. IC 16-38-7.5-7 defines a
7 crime concerning the release of confidential information
8 maintained in the Indiana vaccination adverse event reporting
9 system.
2026  IN 1224—LS 6936/DI 92