SB 198

                                                         Introduced Version
           SENATE BILL No. 198
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-10-8; IC 12-15-5; IC 12-23-16-2;
IC 16-18-2; IC 16-19-13; IC 16-21-2-18; IC 16-41-45; IC 22-2-21;
IC 22-4.1-4-1.5; IC 22-9; IC 25-1-9-5.5; IC 27-8; IC 27-13-7-23.5.
Synopsis: Pregnancy and childbirth matters. Requires a state
employee health plan, a policy of accident and sickness insurance, and
a health maintenance organization contract to: (1) grant an exception
to a step therapy protocol for a prescription drug prescribed for the
treatment of postpartum depression that is not indicated by the federal
Food and Drug Administration for postpartum depression on the
prescription drug's approved labeling; (2) provide coverage for
biomarker testing for preeclampsia, doula services, mental health
screenings, and treatment for maternal mental health; and (3) develop
a maternal mental health program. Requires Medicaid pregnancy
services to include reimbursement for doula services and biomarker
testing for preeclampsia. Requires the division of mental health and
addiction to develop and implement a program for pregnant women
and children with a substance use disorder. Requires the office of
women's health to: (1) develop, maintain, and disseminate certain
information concerning resources that are available to pregnant women
and new mothers; and (2) provide continuing education courses
concerning postpartum depression and other related mental health
disorders. Requires a hospital or birthing center to, before a patient's
discharge from the hospital or birthing center following birth, provide
the patient with information concerning postpartum depression and
other related mental health disorders. Sets forth requirements for
screening for preeclampsia using biomarker testing. Establishes the
Hoosier family leave insurance program and the Hoosier family leave
insurance trust fund. Prohibits an employer from discriminating against
an employee who has a condition related to pregnancy or childbirth.
                     (Continued next page)
Effective: July 1, 2026.
 Hunley, Yoder, Jackson L, Ford J.D.
January 6, 2026, read first time and referred to Committee on Health and Provider
Services.
2026  IN 198—LS 6662/DI 141
Digest Continued
Repeals a chapter regarding pregnancy and childbirth accommodation.
Requires certain health care practitioners to screen caregivers for signs
and symptoms of postpartum depression or other related mental health
disorders and provide a referral for the caregiver if the screening is
positive for a mental health disorder.
2026  IN 198—LS 6662/DI 141
                                                                                       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.
                   SENATE BILL No. 198
    A BILL FOR AN ACT to amend the Indiana Code concerning
 health.
     Be it enacted by the General Assembly of the State of Indiana:
1     SECTION 1. IC 5-10-8-17.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2026]: Sec. 17.5. (a) This section applies to a state employee
4 health plan that is established, entered into, amended, or renewed
5 after June 30, 2026.
6     (b) The definitions in section 17 of this chapter apply
7 throughout this section.
8     (c) A state employee health plan shall grant a protocol exception
9 for a prescription drug prescribed for the treatment of postpartum
10 depression that is not indicated by the federal Food and Drug
11 Administration for postpartum depression on the prescription
12 drug's approved labeling.
13     SECTION 2. IC 5-10-8-27 IS ADDED TO THE INDIANA CODE
14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
15 1, 2026]: Sec. 27. (a) This section applies to a state employee health
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                                  2
1 plan that is established, entered into, amended, or renewed after
2 June 30, 2026.
3     (b) As used in this section, "doula" means an individual who is
4 trained and certified by a nationally recognized institution in
5 providing emotional and physical support, but not medical or
6 midwife care, to pregnant women before, during, and after
7 childbirth.
8     (c) As used in this section, "maternal mental health" means a
9 mental health condition that occurs during pregnancy or during
10 the postpartum period. The term includes postpartum depression.
11     (d) As used in this section, "state employee health plan" means
12 the following:
13(1) A self-insurance program established under section 7(b) of
14this chapter.
15(2) A contract for prepaid health services entered into under
16section 7(c) of this chapter.
17     (e) A state employee health plan must provide coverage for:
18(1) biomarker testing for preeclampsia that is conducted in
19accordance with IC 16-41-45;
20(2) doula services;
21(3) mental health screenings provided under IC 25-1-9-5.5 or
22section 28.5 of this chapter; and
23(4) treatment for maternal mental health.
24     (f) The coverage required by this section may not be subject to
25 annual or lifetime limitation, deductible, copayment, or
26 coinsurance provisions that are more restrictive than the annual or
27 lifetime limitation, deductible, copayment, or coinsurance
28 provisions that apply generally under the state employee health
29 plan.
30     SECTION 3. IC 5-10-8-28.5 IS ADDED TO THE INDIANA CODE
31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
32 1, 2026]: Sec. 28.5. (a) This section applies to a state employee
33 health plan that is established, entered into, amended, or renewed
34 after June 30, 2026.
35     (b) As used in this section, "contracting obstetric provider"
36 means a physician licensed under IC 25-22.5 who:
37(1) specializes in the provision of obstetric services; and
38(2) is contracted with a state employee health plan to provide
39services under the state employee health plan.
40     (c) As used in this section, "maternal mental health" means a
41 mental health condition that occurs during pregnancy or during
42 the postpartum period. The term includes postpartum depression.
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                                   3
1     (d) As used in this section, "state employee health plan" means
2 the following:
3(1) A self-insurance program established under section 7(b) of
4this chapter.
5(2) A contract for prepaid health services entered into under
6section 7(c) of this chapter.
7     (e) A state employee health plan shall develop a maternal mental
8 health program designed to promote quality and cost effective
9 outcomes. As part of a maternal mental health program, a state
10 employee health plan is encouraged to:
11(1) improve screening, treatment, and referral to maternal
12mental health services;
13(2) incentivize training opportunities for contracting obstetric
14providers; and
15(3) educate covered individuals about the program.
16     (f) The program must include coverage for at least:
17(1) one (1) maternal mental health screening to be conducted
18during pregnancy;
19(2) one (1) additional screening to be conducted during the
20first six (6) weeks of the postpartum period; and
21(3) additional postpartum screenings, if determined to be
22medically necessary and clinically appropriate in the
23judgment of the treating provider.
24     (g) The program must:
25(1) be developed consistently with sound clinical principles
26and processes; and
27(2) include quality measures to encourage screening,
28diagnosis, treatment, and referral.
29     (h) The program guidelines and criteria must be provided to
30 relevant medical providers, including all contracting obstetric
31 providers.
32     SECTION 4. IC 12-15-5-7, AS ADDED BY P.L.35-2019,
33 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2026]: Sec. 7. (a) Pregnancy services provided under this
35 article may shall include reimbursement for doula services.
36     (b) The office may shall apply for any state plan amendment or
37 waiver necessary to implement this section.
38     (c) The office may shall adopt rules under IC 4-22-2 to implement
39 this section.
40     SECTION 5. IC 12-15-5-7.5 IS ADDED TO THE INDIANA CODE
41 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
42 1, 2026]: Sec. 7.5. (a) Pregnancy services provided under this
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                                    4
1 article must include reimbursement for biomarker testing for
2 preeclampsia that is conducted in accordance with IC 16-41-45.
3    (b) The office may apply for any state plan amendment or
4 waiver necessary to implement this section.
5    (c) The office may adopt rules under IC 4-22-2 to implement this
6 section.
7    SECTION 6. IC 12-23-16-2 IS AMENDED TO READ AS
8 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2. (a) The division may
9 do the following:
10      (1) Provide for the promotion, establishment, coordination, and
11      conduct of unified local programs of prevention, diagnosis,
12      treatment, and rehabilitation in the field of drug abuse in
13      cooperation with federal, state, local, and private agencies.
14      (2) Survey and analyze the state's needs and formulate a
15      comprehensive plan for the long range development of local
16      community treatment programs through the utilization of state,
17      federal, local, and private resources for the prevention and control
18      of drug abuse.
19      (3) With the approval of the budget agency, make agreements
20      concerning local community treatment programs, including
21      agreements with public and private agencies, to do or cause to be
22      done whatever is necessary, desirable, or proper to carry out the
23      purposes and objectives of this chapter within the amounts made
24      available by appropriation, gift, grant, devise, or bequest.
25      (4) Establish and operate local community rehabilitation centers
26      and other local facilities that the division considers necessary or
27      desirable for the care, treatment, and rehabilitation of drug
28      abusers.
29      (5) Approve facilities and services for the local community
30      treatment, care, or rehabilitation of drug abusers.
31      (6) With the approval of the budget agency, accept on behalf of
32      the state a gift, grant, devise, or bequest.
33      (7) Adopt rules under IC 4-22-2 to implement this chapter.
34    (b) The division shall prioritize the development and
35 implementation of a program for pregnant women and children
36 with a substance use disorder that includes the following:
37      (1) Identification of the aggregate number of:
38(A) pregnant women; and
39(B) newborns who are born;
40      with a substance use disorder in Indiana.
41      (2) Development and implementation of intervention
42      strategies to eliminate substance use disorders of pregnant
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                                 5
1women.
2(3) Implementation of treatment for pregnant women and
3children born with a substance use disorder, including
4requiring substance use programs to prioritize treatment of
5pregnant women and children.
6(4) Continuous monitoring and treatment of women and
7children who while pregnant or at birth, as applicable,
8previously had a substance use disorder and the provision of
9any necessary treatment and rehabilitation for these women
10and children.
11 The division may consult with the Indiana department of health in
12 developing and implementing the program.
13    SECTION 7. IC 16-18-2-36.1 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2026]: Sec. 36.1. "Biomarker", for purposes
16 of IC 16-41-45, has the meaning set forth in IC 16-41-45-1.
17    SECTION 8. IC 16-18-2-36.3 IS ADDED TO THE INDIANA
18 CODE AS A NEW SECTION TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2026]: Sec. 36.3. "Biomarker testing", for
20 purposes of IC 16-41-45, has the meaning set forth in
21 IC 16-41-45-2.
22    SECTION 9. IC 16-18-2-68.8 IS ADDED TO THE INDIANA
23 CODE AS A NEW SECTION TO READ AS FOLLOWS
24 [EFFECTIVE JULY 1, 2026]: Sec. 68.8. "Consensus statements", for
25 purposes of IC 16-41-45, has the meaning set forth in
26 IC 16-41-45-3.
27    SECTION 10. IC 16-18-2-244.6 IS ADDED TO THE INDIANA
28 CODE AS A NEW SECTION TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2026]: Sec. 244.6. "Nationally recognized
30 clinical practice guidelines", for purposes of IC 16-41-45, has the
31 meaning set forth in IC 16-41-45-4.
32    SECTION 11. IC 16-19-13-9 IS ADDED TO THE INDIANA
33 CODE AS A NEW SECTION TO READ AS FOLLOWS
34 [EFFECTIVE JULY 1, 2026]: Sec. 9. (a) The office shall develop,
35 maintain, and disseminate information concerning resources that
36 are available to pregnant women and new mothers, including the
37 following:
38(1) Information about postpartum depression and other
39related mental health disorders, including the symptoms,
40treatment, and available resources.
41(2) Substance use disorders and available resources.
42(3) Any other available resources that the office believes a
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                                   6
1pregnant woman or new mother may find useful during
2pregnancy and postpartum, including existing programs that
3provide assistance to the woman.
4     (b) The office shall make the information described in
5 subsection (a) available:
6(1) on the state department's website; and
7(2) to hospitals, birthing centers, and other health care
8providers who provide care to pregnant women, new mothers,
9and infants.
10     (c) The office may consult with the office of the secretary of
11 family and social services in the development of the resources
12 described in subsection (a).
13     SECTION 12. IC 16-19-13-10 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2026]: Sec. 10. The office shall provide, at no
16 cost to health care providers, continuing education courses
17 concerning postpartum depression and other related mental health
18 disorders, including the symptoms, treatment, and available
19 resources.
20     SECTION 13. IC 16-21-2-18 IS ADDED TO THE INDIANA
21 CODE AS A NEW SECTION TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2026]: Sec. 18. A hospital or birthing center
23 licensed under this article that offers birthing services shall, before
24 a patient's discharge from the hospital or birthing center following
25 birth, provide the patient with information concerning postpartum
26 depression and other related mental health disorders, including the
27 symptoms, treatment, and available resources.
28     SECTION 14. IC 16-41-45 IS ADDED TO THE INDIANA CODE
29 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2026]:
31     Chapter 45. Preeclampsia Biomarker Testing
32     Sec. 1. (a) As used in this chapter, "biomarker" means a
33 characteristic that is objectively measured and evaluated as an
34 indicator of normal biological processes, pathogenic processes, or
35 pharmacologic responses to a specific therapeutic intervention.
36     (b) The term includes the following:
37(1) Gene mutations.
38(2) Protein expression.
39(3) Known gene-drug interactions for medications.
40(4) Characteristics of genes.
41     Sec. 2. (a) As used in this chapter, "biomarker testing" means
42 the analysis of a patient's tissue, blood, or other biospecimen for
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1 the presence of a biomarker using a federal Food and Drug
2 Administration approved method of analysis.
3    (b) The term includes the following:
4      (1) Single-analyte tests.
5      (2) Multiplex panel tests.
6      (3) Whole genome sequencing.
7      (4) Protein expression.
8      (5) Whole exome.
9      (6) Whole transcriptome.
10    Sec. 3. As used in this chapter, "consensus statements" means
11 statements that are:
12      (1) developed by an independent, multi-disciplinary panel of
13      experts:
14(A) utilizing a transparent methodology and reporting
15structure; and
16(B) with a conflict of interest policy;
17      (2) aimed at specific clinical circumstances; and
18      (3) based on the best available evidence for the purpose of
19      optimizing the outcomes of clinical care.
20    Sec. 4. As used in this chapter, "nationally recognized clinical
21 practice guidelines" means evidence based clinical practice
22 guidelines that:
23      (1) are developed by independent organizations or medical
24      professional societies:
25(A) utilizing a transparent methodology and reporting
26structure; and
27(B) with a conflict of interest policy;
28      (2) establish standards of care informed by:
29(A) a systematic review of evidence; and
30(B) an assessment of the benefits and risks of alternative
31care options; and
32      (3) include recommendations intended to optimize patient
33      care.
34    Sec. 5. (a) A pregnant woman may be screened for preeclampsia
35 using biomarker testing if the biomarker testing is ordered by the
36 attending physician in accordance with this chapter.
37    (b) Each preeclampsia biomarker testing must be conducted by
38 the:
39      (1) attending physician; or
40      (2) other health care provider who is providing prenatal care
41      for the pregnant woman;
42 according to nationally recognized clinical practice guidelines and
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1 consensus statements.
2     Sec. 6. The state department shall adopt rules under IC 4-22-2
3 to implement this chapter.
4     SECTION 15. IC 22-2-21 IS ADDED TO THE INDIANA CODE
5 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2026]:
7     Chapter 21. Hoosier Family Leave Insurance Program
8     Sec. 1. As used in this chapter, "average weekly wage" means
9 the average weekly wage of a covered individual over a base period
10 established by the department.
11     Sec. 2. As used in this chapter, "covered employer" means an
12 employer (as defined in IC 22-4-7) that is subject to the
13 unemployment compensation system under IC 22-4.
14     Sec. 3. As used in this chapter, "covered individual" means:
15(1) an employee of a covered employer; and
16(2) any self-employed individual who elects coverage under
17section 12 of this chapter.
18     Sec. 4. As used in this chapter, "department" refers to the
19 department of workforce development established under
20 IC 22-4.1-2.
21     Sec. 5. As used in this chapter "fund" refers to the Hoosier
22 family leave insurance trust fund established by section 10 of this
23 chapter.
24     Sec. 6. As used in this chapter, "program" refers to the Hoosier
25 family leave insurance program established by section 9 of this
26 chapter.
27     Sec. 7. As used in this chapter, "qualified family leave" means
28 leave taken by a covered individual for one (1) or more of the
29 following reasons:
30(1) The:
31(A) birth of a child of the covered individual; and
32(B) care of the child within twelve (12) months after birth.
33(2) The:
34(A) placement of a child with the covered individual for
35adoption or foster care; and
36(B) care of the child within twelve (12) months after
37placement.
38(3) To care for a child, spouse, or parent of the covered
39individual who has a serious health condition.
40(4) The covered individual's own serious health condition, to
41the extent that the condition is not otherwise covered by an
42employer sponsored short term disability plan.
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1(5) Any other purpose designated by the department by rule
2that is consistent with the federal Family and Medical Leave
3Act of 1993 (29 U.S.C. 2601 et seq.).
4    Sec. 8. As used in this chapter, "state average weekly wage"
5 means the state average weekly wage as determined annually by
6 the department.
7    Sec. 9. The Hoosier family leave insurance program is
8 established to provide wage replacement benefits to covered
9 individuals during periods of qualified family leave.
10    Sec. 10. (a) The Hoosier family leave insurance trust fund is
11 established for the purpose of:
12(1) depositing contributions from covered individuals; and
13(2) paying benefits and administrative costs for the program.
14    (b) The fund shall be administered by the department.
15    (c) The fund consists of the following:
16(1) Contributions from covered individuals made under
17section 11(a) of this chapter.
18(2) Voluntary contributions from covered employers made
19under section 11(b) of this chapter.
20(3) All interest and earnings on investments of the funds.
21    (d) The expenses of administering the fund shall be paid from
22 money in the fund.
23    (e) The treasurer of state shall invest the money in the fund not
24 currently needed to meet the obligations of the fund in the same
25 manner as other public money may be invested. Interest that
26 accrues from these investments shall be deposited in the fund.
27    (f) Money in the fund at the end of a state fiscal year does not
28 revert to the state general fund.
29    Sec. 11. (a) Each covered employer shall, in the manner
30 prescribed by the department:
31(1) withhold from the wages of each covered individual an
32amount equal to the contribution rate established under
33subsection (c) or (d); and
34(2) remit those amounts to the fund.
35    (b) A covered employer may elect to contribute additional
36 amounts to the fund on behalf of covered individuals as an
37 employer provided benefit.
38    (c) The initial contribution rate for a covered individual is
39 five-tenths percent (0.5%) of the lesser of:
40(1) the covered individual's wages; or
41(2) the Social Security wage base or another wage cap as
42designated by the department.
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1     (d) After obtaining an independent actuarial analysis, the
2 department may adjust the contribution rate not more than once
3 per year to ensure the actuarial soundness of the fund. The
4 contribution rate may be adjusted to an amount that is:
5(1) at least four-tenths percent (0.4%); and
6(2) not more than six-tenths percent (0.6%);
7 of the lesser of a wage described in subsection (c)(1) or (c)(2).
8     (e) The department shall provide public notice of any
9 adjustment made under subsection (d).
10     Sec. 12. (a) A self-employed individual may elect to participate
11 in the program for an initial period of not less than three (3) years.
12     (b) If a self-employed individual elects to participate in the
13 program, the individual shall remit contributions to the fund at an
14 amount equal to the contribution rate established under section 11
15 of this chapter.
16     Sec. 13. (a) A covered individual is eligible to receive benefits
17 under this chapter if the individual:
18(1) has satisfied minimum earnings or contribution
19requirements established by the department; and
20(2) is:
21(A) taking qualified family leave; and
22(B) not receiving full wage replacement from the covered
23employer.
24     (b) A covered individual may receive not more than twelve (12)
25 weeks of family leave insurance benefits in a benefit year for leave
26 that is taken not more than twelve (12) months after the qualifying
27 event.
28     (c) Weekly benefits under the program must be calculated as
29 sixty percent (60%) of a covered individual's average weekly wage,
30 subject to a maximum weekly benefit amount equal to a percentage
31 that is:
32(1) at least fifty percent (50%); and
33(2) not more than sixty percent (60%);
34 of the state average weekly wage as specified annually by the
35 department to maintain fund solvency.
36     (d) The department may adopt graduated or tiered benefit
37 formulas within the limits of subsection (c) to ensure that lower
38 wage workers receive proportionally greater wage replacement
39 while maintaining the solvency of the fund.
40     (e) Benefits under this chapter are in addition to any rights or
41 protections available under the federal Family and Medical Leave
42 Act of 1993 (29 U.S.C. 2601 et seq.) and any employer provider
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1 paid leave. However, a covered employer may coordinate or offset
2 benefits as provided in the covered employer's written policy and
3 in rules adopted by the department.
4     Sec. 14. (a) This chapter does not create new job protection
5 requirements for covered employers beyond those otherwise
6 required by federal or state law.
7     (b) A covered employer may:
8(1) voluntarily provide job protection or continuation of
9benefits for covered individuals who receive benefits under
10this chapter; and
11(2) describe the job protection or continuation of benefits
12provided under subdivision (1) in an employee handbook or
13written leave policy.
14     Sec. 15. (a) The department shall administer this chapter using,
15 to the greatest extent practicable, existing personnel, systems, and
16 infrastructure used for the unemployment compensation system or
17 other wage reporting programs.
18     (b) The department may contract with a third party
19 administrator or licensed insurer to perform some or all of the
20 administrative functions of the program if the costs to contract
21 with the third party administrator or licensed insurer are paid
22 exclusively from the fund.
23     (c) The department shall adopt rules under IC 4-22-2 necessary
24 to implement this chapter.
25     (d) Any rules adopted to implement this chapter may not impose
26 unfunded mandates on covered employers beyond the obligation to
27 withhold and remit employee contributions as required by section
28 11(a) of this chapter.
29     Sec. 16. (a) The department may not commence payment of
30 benefits under this chapter until the department determines, based
31 on an independent actuarial analysis, that projected contributions
32 will be sufficient to pay projected benefits and administrative
33 expenses of the program.
34     (b) Nothing in this chapter shall be construed to create a vested
35 right to benefits that exceed the balance available in the fund.
36     SECTION 16. IC 22-4.1-4-1.5, AS AMENDED BY P.L.213-2025,
37 SECTION 276, IS AMENDED TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2026]: Sec. 1.5. (a) The department shall do the
39 following:
40(1) Administer the Wagner-Peyser program, the WIOA, a free
41public labor exchange, and related federal and state employment
42and training programs as directed by the governor.
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1      (2) Formulate and implement an employment and training plan as
2      required by the WIOA, and the Wagner-Peyser Act (29 U.S.C. 49
3      et seq.).
4      (3) Coordinate activities with all state agencies and departments
5      that either provide employment and training related services or
6      operate appropriate resources or facilities, to maximize Indiana's
7      efforts to provide employment opportunities for economically
8      disadvantaged individuals, dislocated workers, and others with
9      substantial barriers to employment.
10      (4) Apply for, receive, disburse, allocate, and account for all
11      funds, grants, gifts, and contributions of money, property, labor,
12      and other things of value from public and private sources,
13      including grants from agencies and instrumentalities of the state
14      and the federal government.
15      (5) Enter into agreements with the United States government that
16      may be required as a condition of obtaining federal funds related
17      to activities of the department.
18      (6) Enter into contracts or agreements and cooperate with local
19      governmental units or corporations, including profit or nonprofit
20      corporations, or combinations of units and corporations to carry
21      out the duties of the department imposed by this chapter,
22      including contracts for the establishment and administration of
23      employment and training offices and the delegation of the
24      department's administrative, monitoring, and program
25      responsibilities and duties set forth in this article.
26      (7) Perform other services and activities that are specified in
27      contracts for payments or reimbursement of the costs made with
28      the Secretary of Labor, any federal, state, or local public agency
29      or administrative entity, or a private for-profit or nonprofit
30      organization under the WIOA.
31      (8) Enter into contracts or agreements and cooperate with entities
32      that provide career and technical education to carry out the duties
33      imposed by this article.
34      (9) Serve as the state advisory body required under the federal
35      Workforce Innovation and Opportunity Act of 2014 under 29
36      U.S.C. 3101 et seq., including reauthorizations of WIOA.
37    (b) The department shall distribute federal funds made available for
38 employment training in accordance with:
39      (1) the WIOA, and other applicable federal laws; and
40      (2) the plan prepared under subsection (c)(1).
41    (c) In addition to the duties prescribed in subsections (a) and (b), the
42 department shall do the following:
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1(1) Implement the postsecondary career and technical education
2programming plan prepared under IC 22-4.1-19-4 (before its
3repeal).
4(2) Upon request of the budget director, prepare a legislative
5budget request for state and federal funds for employment
6training. The budget director shall determine the period to be
7covered by the budget request.
8(3) Make or cause to be made studies of the needs for various
9types of programs that are related to employment training and
10authorized under the WIOA.
11(4) Distribute state funds made available for employment training
12that have been appropriated by the general assembly in
13accordance with the general assembly appropriation.
14(5) Collect from each employer subject to IC 22-4 the following
15information in the form and manner prescribed by the department:
16(A) The Standard Occupational Classification code applicable
17to each employee as prescribed by the Bureau of Labor
18Statistics of the United States Department of Labor or primary
19job title as recorded and reported by the employer.
20(B) Whether each employee is:
21(i) classified by the employer as full-time, part-time, intern,
22or apprentice; or
23(ii) designated as a seasonal worker pursuant to a decision
24issued by the department.
25(C) The hourly rate of pay for each employee.
26(6) Enter into data sharing agreements and transmit the data
27collected under subdivision (5), in addition to any other relevant
28data, to agencies deemed appropriate by the department for:
29(A) assessing outcomes of education and workforce programs;
30(B) evaluating educational and workforce training
31investments;
32(C) informing labor market analysis; and
33(D) conducting economic research.
34(7) Minimize employer reporting burdens, where feasible,
35through:
36(A) aligning and streamlining definitions and requirements for
37quarterly wage and employment reports;
38(B) deploying user friendly application programming
39interfaces; and
40(C) other means to simplify reporting processes.
41(8) Establish an employer outreach and communications
42campaign in collaboration with statewide business and industry
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1associations to increase the number of employers that report
2accurate data under subdivision (5).
3(9) Administer the Hoosier family leave insurance program
4under IC 22-2-21.
5     SECTION 17. IC 22-9-1-6, AS AMENDED BY P.L.205-2019,
6 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2026]: Sec. 6. (a) The commission shall establish and
8 maintain a permanent office in the city of Indianapolis.
9     (b) Except as it concerns judicial review, the commission may adopt
10 rules under IC 4-22-2 to implement this chapter.
11     (c) The commission shall formulate policies to effectuate the
12 purposes of this chapter and make recommendations to agencies and
13 officers of the state or local subdivisions thereof to effectuate such
14 policies. The several departments, commissions, divisions, authorities,
15 boards, bureaus, agencies, and officers of the state or any political
16 subdivision or agency thereof shall furnish the commission, upon its
17 request, all records, papers, and information in their possession relating
18 to any matter before the commission.
19     (d) The commission shall receive and investigate complaints
20 alleging discriminatory practices. The commission shall not hold
21 hearings in the absence of a complaint. All investigations of complaints
22 shall be conducted by staff members of the civil rights commission or
23 their agents.
24     (e) The commission may create such advisory agencies and
25 conciliation councils, local or statewide, as will aid in effectuating the
26 purposes of this chapter. The commission may itself, or it may
27 empower these agencies and councils to:
28(1) study the problems of discrimination in the areas covered by
29section 2 of this chapter when based on race, religion, color, sex,
30handicap, national origin, or ancestry; and
31(2) foster through community effort, or otherwise, good will
32among the groups and elements of the population of the state.
33 These agencies and councils may make recommendation to the
34 commission for the development of policies and procedures in general.
35 Advisory agencies and conciliation councils created by the commission
36 shall be composed of representative citizens serving without pay, but
37 with reimbursement for reasonable and necessary actual expenses.
38     (f) The commission may issue such publications and such results of
39 investigations and research as in its judgment will tend to promote
40 good will and minimize or eliminate discrimination because of race,
41 religion, color, sex, handicap, national origin, or ancestry.
42     (g) The commission shall prevent any person from discharging,
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1 expelling, or otherwise discriminating against any other person because
2 the person filed a complaint, testified in any hearing before this
3 commission, or in any way assisted the commission in any matter under
4 its investigation.
5     (h) The commission may hold hearings, subpoena witnesses, compel
6 their attendance, administer oaths, take the testimony of any person
7 under oath, and require the production for examination of any books
8 and papers relating to any matter under investigation or in question
9 before the commission. The commission may make rules as to the
10 issuance of subpoenas by individual commissioners. Contumacy or
11 refusal to obey a subpoena issued under this section shall constitute a
12 contempt. All hearings shall be held within Indiana at a location
13 determined by the commission. A citation of contempt may be issued
14 upon application by the commission to the circuit or superior court in
15 the county in which the hearing is held or in which the witness resides
16 or transacts business.
17     (i) The commission may:
18(1) before July 1, 2020, appoint administrative law judges other
19than commissioners; and
20(2) after June 30, 2020, request assignment of an administrative
21law judge (as defined in IC 4-21.5-1-2);
22 when an appointment is deemed necessary by a majority of the
23 commission. The administrative law judges shall be members in good
24 standing before the bar of Indiana and shall be appointed by the
25 chairman of the commission. An administrative law judge appointed
26 under this subsection shall have the same powers and duties as a
27 commissioner sitting as an administrative law judge. However, the
28 administrative law judge may not issue subpoenas.
29     (j) The commission shall state its findings of fact after a hearing
30 and, if the commission finds a person has engaged in an unlawful
31 discriminatory practice, shall cause to be served on this person an order
32 requiring the person to cease and desist from the unlawful
33 discriminatory practice and requiring the person to take further
34 affirmative action as will effectuate the purposes of this chapter,
35 including but not limited to the power:
36(1) to restore the complainant's losses incurred as a result of
37discriminatory treatment, as the commission may deem necessary
38to assure justice; however, except in discriminatory practices
39involving veterans and discriminatory practices involving job
40applicants or employees who are affected by pregnancy,
41childbirth, or a related medical condition (as defined by
42IC 22-9-12.1-6) under IC 22-9-12.1, this specific provision when
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                                    16
1applied to orders pertaining to employment shall include only
2wages, salary, or commissions;
3(2) to require the posting of notice setting forth the public policy
4of Indiana concerning civil rights and the respondent's compliance
5with the policy in places of public accommodations;
6(3) to require proof of compliance to be filed by the respondent at
7periodic intervals; and
8(4) to require a person who has been found to be in violation of
9this chapter and who is licensed by a state agency authorized to
10grant a license to show cause to the licensing agency why the
11person's license should not be revoked or suspended.
12 When an employer has been found to have committed a discriminatory
13 practice in employment by failing to employ an applicant on the basis
14 that the applicant is a veteran, the order to restore the veteran's losses
15 may include placing the veteran in the employment position with the
16 employer for which the veteran applied.
17     (k) Judicial review of a cease and desist order or other affirmative
18 action as referred to in this chapter may be obtained under IC 22-9-8.
19 If no proceeding to obtain judicial review is instituted within thirty (30)
20 days from receipt of notice by a person that an order has been made by
21 the commission, the commission, if it determines that the person upon
22 whom the cease and desist order has been served is not complying or
23 is making no effort to comply, may obtain a decree of a court for the
24 enforcement of the order in circuit or superior court upon showing that
25 the person is subject to the commission's jurisdiction and resides or
26 transacts business within the county in which the petition for
27 enforcement is brought.
28     (l) If, upon all the evidence, the commission shall find that a person
29 has not engaged in any unlawful practice or violation of this chapter,
30 the commission shall state its findings of facts and shall issue and
31 cause to be served on the complainant an order dismissing the
32 complaint as to the person.
33     (m) The commission may furnish technical assistance requested by
34 persons subject to this chapter to further compliance with this chapter
35 or with an order issued under this chapter.
36     (n) The commission shall promote the creation of local civil rights
37 agencies to cooperate with individuals, neighborhood associations, and
38 state, local, and other agencies, both public and private, including
39 agencies of the federal government and of other states.
40     (o) The commission may reduce the terms of conciliation agreed to
41 by the parties to writing (to be called a consent agreement) that the
42 parties and a majority of the commissioners shall sign. When signed,
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1 the consent agreement shall have the same effect as a cease and desist
2 order issued under subsection (j). If the commission determines that a
3 party to the consent agreement is not complying with it, the
4 commission may obtain enforcement of the consent agreement in a
5 circuit or superior court upon showing that the party is not complying
6 with the consent agreement and the party is subject to the commission's
7 jurisdiction and resides or transacts business within the county in
8 which the petition for enforcement is brought.
9    (p) In lieu of investigating a complaint and holding a hearing under
10 this section, the commission may issue an order based on findings and
11 determinations by the federal Department of Housing and Urban
12 Development or the federal Equal Employment Opportunity
13 Commission concerning a complaint that has been filed with one (1) of
14 these federal agencies and with the commission. The commission shall
15 adopt by rule standards under which the commission may issue such an
16 order.
17    (q) Upon notice that a complaint is the subject of an action in a
18 federal court, the commission shall immediately cease investigation of
19 the complaint and may not conduct hearings or issue findings of fact or
20 orders concerning that complaint.
21    SECTION 18. IC 22-9-1-16 IS AMENDED TO READ AS
22 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 16. (a) This section
23 does not apply to a claim under IC 22-9-12.1.
24    (a) (b) A respondent or a complainant may elect to have the claims
25 that are the basis for a finding of probable cause decided in a civil
26 action as provided by section 17 of this chapter. However, both the
27 respondent and the complainant must agree in writing to have the
28 claims decided in a court of law. The agreement must be on a form
29 provided by the commission.
30    (b) (c) The election may not be made if the commission has begun
31 a hearing on the record under this chapter with regard to a finding of
32 probable cause.
33    SECTION 19. IC 22-9-12 IS REPEALED [EFFECTIVE JULY 1,
34 2026]. (Pregnancy and Childbirth Accommodation).
35    SECTION 20. IC 22-9-12.1 IS ADDED TO THE INDIANA CODE
36 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2026]:
38    Chapter 12.1. Pregnancy and Childbirth Discrimination
39    Sec. 1. As used in this chapter, "commission" means the civil
40 rights commission created by IC 22-9-1-4.
41    Sec. 2. As used in this chapter, "complaint" has the meaning set
42 forth in IC 22-9-1-3(o).
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1    Sec. 3. As used in this chapter, "employer" has the meaning set
2 forth in IC 22-9-1-3(h).
3    Sec. 4. As used in this chapter, "health care professional"
4 includes:
5      (1) a physician;
6      (2) a psychiatrist;
7      (3) a psychologist;
8      (4) a nurse;
9      (5) a physical therapist;
10      (6) an occupational therapist;
11      (7) a speech therapist;
12      (8) a vocational rehabilitation specialist;
13      (9) a midwife;
14      (10) a lactation consultant; and
15      (11) a licensed medical health professional.
16    Sec. 5. As used in this chapter, "reasonable accommodation"
17 includes the following:
18      (1) More frequent or longer breaks.
19      (2) Modification of uniforms.
20      (3) Time off work to recover from childbirth.
21      (4) Acquisition or modification of equipment.
22      (5) Seating.
23      (6) Temporary transfer to a less strenuous or less hazardous
24      position.
25      (7) Job restructuring.
26      (8) Light duty.
27      (9) Work break time for expressing breast milk.
28      (10) Private nonbathroom space for expressing breast milk.
29      (11) Assistance with manual labor.
30      (12) Modified work schedules.
31    Sec. 6. As used in this chapter, "related medical condition"
32 means a medical condition related to pregnancy or childbirth.
33    Sec. 7. As used in this chapter, "undue hardship" has the
34 meaning set forth in IC 22-9-5-18(a).
35    Sec. 8. It is the policy of the state to prohibit discrimination
36 against an employee or applicant for employment due to the
37 employee or applicant being pregnant or having conditions related
38 to pregnancy, conditions related to childbirth, or related medical
39 conditions.
40    Sec. 9. (a) It is an unlawful employment practice for an
41 employer to discriminate against an employee or an applicant for
42 employment on the basis of the employee or applicant having a
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                                 19
1 condition related to pregnancy, condition related to childbirth, or
2 related medical condition.
3    (b) It is unlawful discrimination for an employer:
4      (1) to not make a reasonable accommodation for an employee
5      or applicant for employment related to the employee or
6      applicant having a:
7(A) condition related to pregnancy;
8(B) condition related to childbirth; or
9(C) related medical condition;
10      if the employer knew about the condition, unless the employer
11      can demonstrate that the accommodation would impose an
12      undue hardship on the employer;
13      (2) to take adverse action against an employee who has
14      requested or used an accommodation for the employee's:
15(A) condition related to pregnancy;
16(B) condition related to childbirth; or
17(C) related medical condition;
18      after the employee's need for a reasonable accommodation
19      ceases, including by failing to reinstate the employee to the
20      employee's original job or an equivalent position with
21      equivalent pay, accumulated seniority, retirement, fringe
22      benefits, and applicable service credits;
23      (3) to deny an employment opportunity to a qualified
24      employee or applicant for employment if the denial is the
25      result of the employer making a reasonable accommodation
26      for the employee's or applicant's:
27(A) condition related to pregnancy;
28(B) condition related to childbirth; or
29(C) related medical condition;
30      that the employer knows of;
31      (4) to require an employee to accept an accommodation the
32      employee does not want to accept with respect to the
33      employee's:
34(A) condition related to pregnancy;
35(B) condition related to childbirth; or
36(C) related medical condition;
37      that the employer knows of, if that accommodation is
38      unnecessary to enable the employee to perform the employee's
39      job;
40      (5) to require an employee to take leave if another reasonable
41      accommodation can be provided for the employee with
42      respect to the employee's:
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                                   20
1(A) condition related to pregnancy;
2(B) condition related to childbirth; or
3(C) related medical condition;
4that the employer knows of; or
5(6) to fail to engage with good faith in a timely and interactive
6process with an employee who the employer knows has a
7condition related to pregnancy, a condition related to
8childbirth, or a related medical condition, to determine
9effective and reasonable accommodations.
10     Sec. 10. (a) An employer may request an employee to obtain
11 medical documentation from an appropriate health care
12 professional explaining the need for a reasonable accommodation
13 for the employee with respect to the employee's condition related
14 to pregnancy, condition related to childbirth, or related medical
15 condition if:
16(1) the employee is requesting time away from work,
17including for medical appointments, outside of maternity
18leave and the employer requests documentation from other
19employees for the other employees' time off for medical care;
20or
21(2) the employee is requesting to work from home, on an
22intermittent basis or long term basis.
23     (b) If an employer believes that documentation provided under
24 subsection (a) is insufficient, the employer may request:
25(1) that the employee obtain additional documentation; or
26(2) permission from the employee to speak to the health care
27professional;
28 before the employer approves or denies the accommodation
29 request.
30     (c) An employee may submit additional written documentation
31 if the employee does not want the employer to speak with the
32 health care professional under subsection (b).
33     Sec. 11. An employer is not required to:
34(1) create an additional position for an employee who has a:
35(A) condition related to pregnancy;
36(B) condition related to childbirth; or
37(C) related medical condition;
38that the employer knows of, unless the employer has created
39a position to accommodate another employee who is in
40another class;
41(2) discharge an employee in order to accommodate an
42employee who the employer knows has a condition related to
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                                   21
1pregnancy, a condition related to childbirth, or a related
2medical condition, unless the employer has previously
3discharged an employee to accommodate another employee
4who is in another class; or
5(3) transfer an employee in order to accommodate an
6employee who the employer knows has a condition related to
7pregnancy, a condition related to childbirth, or a related
8medical condition, unless the employer has previously
9transferred an employee to accommodate another employee
10who is in another class.
11     Sec. 12. (a) An employer shall provide written notice to:
12(1) a new employee, at the commencement of employment;
13(2) an existing employee, by November 1, 2026; and
14(3) an employee who notifies the employer that the employee
15is pregnant, not later than ten (10) days after the employee
16notifies the employer of the employee's pregnancy;
17 that the employee has the right to be free from discrimination
18 based on the employee being pregnant or having a condition
19 related to pregnancy, a condition related to childbirth, or a related
20 medical condition.
21     (b) Notice under this section must be conspicuously posted at the
22 employer's place of business in an area accessible to employees.
23     (c) The commission shall develop educational materials and
24 make public education efforts to inform employers, employees,
25 employment agencies, and job applicants of:
26(1) employee and applicant rights; and
27(2) duties of employers;
28 under this chapter.
29     Sec. 13. (a) The commission shall receive, investigate, and
30 attempt to resolve complaints of violations of this chapter from
31 complainants in the manner provided by IC 22-9-1-6.
32     (b) At the conclusion of an investigation, the commission shall
33 determine if a violation of this chapter exists.
34     (c) If the commission determines that a violation of this chapter
35 exists and the complaint has not been resolved, the complainant
36 may file an action for injunctive relief in a circuit or superior court
37 in the county where the allegations occurred.
38     Sec. 14. This chapter does not preempt, limit, diminish, or affect
39 other statutes concerning sex discrimination, pregnancy
40 discrimination, or childbirth discrimination.
41     SECTION 21. IC 25-1-9-5.5 IS ADDED TO THE INDIANA CODE
42 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
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                                   22
1 1, 2026]: Sec. 5.5. (a) A practitioner who is providing postnatal care
2 to a woman during the twelve (12) month period following birth
3 shall screen the woman for signs and symptoms of postpartum
4 depression or a related mental health disorder by using a screening
5 tool recommended by the American College of Obstetricians and
6 Gynecologists if the practitioner believes, in the practitioner's
7 professional medical judgment, that the screening would be in the
8 best interest of the woman.
9     (b) A practitioner who is providing pediatric care to an infant
10 who is less than one (1) year of age shall screen the caregiver
11 accompanying the infant for postpartum depression or a related
12 mental health disorder in accordance with recommendations of the
13 American Academy of Pediatrics if the practitioner:
14(1) receives the consent of the caregiver; and
15(2) believes, in the practitioner's professional medical
16judgment, that the screening would be in the best interest of
17the caregiver.
18 A screening under this subsection does not create a
19 physician-patient relationship between the practitioner and the
20 caregiver or establish any continuing obligation to provide medical
21 services by the practitioner. However, if the screening of a
22 caregiver by the practitioner is positive for a mental health
23 disorder, the practitioner shall provide a referral for the
24 appropriate mental health services.
25     SECTION 22. IC 27-8-5-32 IS ADDED TO THE INDIANA CODE
26 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
27 1, 2026]: Sec. 32. (a) This section applies to a policy of accident and
28 sickness insurance that is issued, entered into, amended, or
29 renewed after June 30, 2026.
30     (b) The definitions in section 30 of this chapter apply
31 throughout this section.
32     (c) An insurer shall grant a protocol exception for a prescription
33 drug prescribed for the treatment of postpartum depression that
34 is not indicated by the federal Food and Drug Administration for
35 postpartum depression on the prescription drug's approved
36 labeling.
37     SECTION 23. IC 27-8-24-2.2 IS ADDED TO THE INDIANA
38 CODE AS A NEW SECTION TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2026]: Sec. 2.2. As used in this chapter,
40 "contracting obstetric provider" means a physician licensed under
41 IC 25-22.5 who:
42(1) specializes in the provision of obstetric services; and
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                                 23
1      (2) is contracted with a health insurer to provide services
2      under a policy or contract.
3    SECTION 24. IC 27-8-24-2.3 IS ADDED TO THE INDIANA
4 CODE AS A NEW SECTION TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2026]: Sec. 2.3. As used in this chapter,
6 "doula" means an individual who is trained and certified by a
7 nationally recognized institution in providing emotional and
8 physical support, but not medical or midwife care, to pregnant
9 women before, during, and after childbirth.
10    SECTION 25. IC 27-8-24-2.5 IS ADDED TO THE INDIANA
11 CODE AS A NEW SECTION TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2026]: Sec. 2.5. As used in this chapter,
13 "health insurer" means:
14      (1) an insurer that issues policies of accident and sickness
15      insurance (as defined in IC 27-8-5-1); or
16      (2) a health maintenance organization (as defined in
17      IC 27-13-1-19).
18    SECTION 26. IC 27-8-24-2.7 IS ADDED TO THE INDIANA
19 CODE AS A NEW SECTION TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2026]: Sec. 2.7. As used in this chapter,
21 "maternal mental health" means a mental health condition that
22 occurs during pregnancy or during the postpartum period. The
23 term includes postpartum depression.
24    SECTION 27. IC 27-8-24-6 IS ADDED TO THE INDIANA CODE
25 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
26 1, 2026]: Sec. 6. (a) This section applies to:
27      (1) a policy of accident and sickness insurance; and
28      (2) an individual contract or a group contract;
29 that is issued, entered into, amended, or renewed after June 30,
30 2026.
31    (b) A policy of accident and sickness insurance, an individual
32 contract, and a group contract that provides maternity benefits
33 must provide coverage for:
34      (1) biomarker testing for preeclampsia that is conducted in
35      accordance with IC 16-41-45;
36      (2) doula services;
37      (3) mental health screenings provided under IC 25-1-9-5.5 or
38      section 7(c) of this chapter; and
39      (4) treatment for maternal mental health.
40    (c) The coverage required by this section may not be subject to
41 annual or lifetime limitation, deductible, copayment, or
42 coinsurance provisions that are more restrictive than the annual or
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                                  24
1 lifetime limitation, deductible, copayment, or coinsurance
2 provisions that apply generally under the policy or contract.
3     SECTION 28. IC 27-8-24-7 IS ADDED TO THE INDIANA CODE
4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
5 1, 2026]: Sec. 7. (a) This section applies to:
6(1) a policy of accident and sickness insurance; and
7(2) an individual contract or a group contract;
8 that is issued, entered into, amended, or renewed after June 30,
9 2026.
10     (b) A health insurer shall develop a maternal mental health
11 program designed to promote quality and cost effective outcomes.
12 As part of a maternal mental health program, a health insurer is
13 encouraged to:
14(1) improve screening, treatment, and referral to maternal
15mental health services;
16(2) incentivize training opportunities for contracting obstetric
17providers; and
18(3) educate covered individuals and enrollees about the
19program.
20     (c) The program must include coverage for at least:
21(1) one (1) maternal mental health screening to be conducted
22during pregnancy;
23(2) one (1) additional screening to be conducted during the
24first six (6) weeks of the postpartum period; and
25(3) additional postpartum screenings, if determined to be
26medically necessary and clinically appropriate in the
27judgment of the treating provider.
28     (d) The program must:
29(1) be developed consistently with sound clinical principles
30and processes; and
31(2) include quality measures to encourage screening,
32diagnosis, treatment, and referral.
33     (e) The program guidelines and criteria must be provided to
34 relevant medical providers, including all contracting obstetric
35 providers.
36     SECTION 29. IC 27-13-7-23.5 IS ADDED TO THE INDIANA
37 CODE AS A NEW SECTION TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2026]: Sec. 23.5. (a) This section applies to an
39 individual contract or a group contract that is entered into,
40 amended, or renewed after June 30, 2026.
41     (b) The definitions in section 23 of this chapter apply
42 throughout this section.
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                               25
1    (c) A health maintenance organization shall grant a protocol
2 exception for a prescription drug prescribed for the treatment of
3 postpartum depression that is not indicated by the federal Food
4 and Drug Administration for postpartum depression on the
5 prescription drug's approved labeling.
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