CHAPTER 5. GENERAL POWERS

IC 5-31-5
     Chapter 5. General Powers

IC 5-31-5-1
Mission
    
Sec. 1. The corporation shall encourage and facilitate the development of health informatics functions in Indiana.
As added by P.L.111-2007, SEC.2.

IC 5-31-5-2
Powers; general authorization
    
Sec. 2. The corporation is granted all powers necessary or appropriate to carry out the corporation's public and corporate purposes under this article.
As added by P.L.111-2007, SEC.2.

IC 5-31-5-3
Authority to employ personnel; authority to contract
    
Sec. 3. (a) Subject to approval by the budget agency, the corporation may, without the approval of the attorney general, employ legal counsel, technical experts, and other officers, agents, and employees, permanent or temporary, that the corporation considers necessary to carry out the efficient operation of the corporation.
    (b) Subject to approval by the budget agency, the corporation may enter into contracts without the approval of the attorney general.
As added by P.L.111-2007, SEC.2.

IC 5-31-5-4
Authority to determine policies relating to personnel
    
Sec. 4. (a) The corporation shall determine qualifications, duties, compensation, and terms of service for persons employed by the corporation as employees or as independent contractors.
    (b) The board may adopt a resolution providing that the corporation's employees who are eligible to participate in the public employees' retirement fund under the eligibility requirements set forth in IC 5-10.2 and IC 5-10.3 shall participate in the public employees' retirement fund.
    (c) The board may adopt a resolution to allow the corporation's employees to participate in group insurance and other benefit plans, including the state employees' deferred compensation plan, that are available to state employees.
As added by P.L.111-2007, SEC.2.

IC 5-31-5-5
Ethics rules
    
Sec. 5. The board and the corporation's employees are:
        (1) under the jurisdiction of and subject to rules adopted by the state ethics commission; and
        (2) subject to ethics rules and requirements that apply to the

executive branch of state government.
However, the board may adopt additional ethics rules and requirements that are more stringent than those adopted by the state ethics commission.
As added by P.L.111-2007, SEC.2.

IC 5-31-5-6
Advisory panels
    
Sec. 6. (a) The board may create any advisory panels that the board considers useful to advise the board and the corporation on issues determined by the board.
    (b) In creating an advisory panel to advise the board and the corporation on a particular issue, the board shall appoint advisers considered appropriate by the board. When the board determines the appropriate advisers to appoint to an advisory panel, the board shall consider the interests of at least the following health care system constituencies affected by the particular issue to be studied or reviewed by the advisory panel:
        (1) Physicians.
        (2) Insurers.
        (3) Health maintenance organizations.
        (4) Health care information systems.
        (5) Hospitals and health systems.
        (6) Laboratory services.
        (7) Radiological services.
        (8) Local health departments.
        (9) Rural health organizations.
        (10) Regional health information exchange organizations.
        (11) Pharmacies.
        (12) Pharmacy benefit managers.
        (13) Dentists.
        (14) Any other health care providers.
        (15) Patient safety organizations.
        (16) Behavioral health organizations.
        (17) Organizations concerned with health care information security and privacy.
        (18) Consumers.
        (19) The budget director or the director's designee.
        (20) The commissioner of the department of insurance or the commissioner's designee.
As added by P.L.111-2007, SEC.2.

IC 5-31-5-7
Employees; public employees for limited purposes
    
Sec. 7. For purposes of IC 34-13-2, IC 34-13-3, and IC 34-13-4, the board and the corporation's employees are public employees (as defined in IC 34-6-2-38).
As added by P.L.111-2007, SEC.2.
IC 5-31-5-8
Authority to adopt rules
    
Sec. 8. The corporation shall adopt rules under IC 4-22-2 to carry out the corporation's duties under this article. The board may also adopt emergency rules under IC 4-22-2-37.1 to carry out the board's duties under this article.
As added by P.L.111-2007, SEC.2.

IC 5-31-5-9
Public meetings; public records
    
Sec. 9. Except as otherwise specifically provided by law, the corporation and the board are subject to IC 5-14-1.5 and IC 5-14-3.
As added by P.L.111-2007, SEC.2.

IC 5-31-5-10
Authority to reimburse employees
    
Sec. 10. An employee of the corporation is entitled to receive:
        (1) reimbursement for traveling expenses to the same extent as is provided under IC 4-13-1-4 to officers and employees of state agencies; and
        (2) reimbursement of other expenses actually incurred in connection with the employee's duties as approved by the budget agency.
As added by P.L.111-2007, SEC.2.

IC 5-31-5-11
Authority to request appropriations
    
Sec. 11. The corporation may request appropriations from the general assembly to:
        (1) carry out the corporation's duties under this article; and
        (2) fund the effort to develop and operate a statewide health information exchange.
As added by P.L.111-2007, SEC.2.

IC 5-31-5-12
Indiana health informatics fund
    
Sec. 12. (a) The Indiana health informatics fund is established.
    (b) Except as provided in section 13 of this chapter, the corporation shall deposit the following in the fund:
        (1) All appropriations made by the general assembly to the corporation.
        (2) All funding received from nonprofit entities under IC 5-31-6-2(4).
        (3) All other contributions received by the corporation from a nonprofit entity, as long as the nonprofit entity does not otherwise have an interest in the decisions of the corporation or board.
    (c) The corporation shall administer the fund. The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as public money may

be invested. Interest that accrues from these investments shall be deposited in the fund.
    (d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    (e) Except as provided in the terms of the contribution, money in the fund may be used at the discretion of the board to carry out in any manner the corporation's purposes under this article.
As added by P.L.111-2007, SEC.2.

IC 5-31-5-13
Authority to establish a nonprofit subsidiary
    
Sec. 13. (a) The board may establish a nonprofit subsidiary corporation to solicit and accept nonprofit entity contributions.
    (b) A subsidiary corporation established under this section:
        (1) must use money received under subsection (a) to carry out in any manner the purposes and programs under this article;
        (2) must report to the budget committee each year concerning:
            (A) the use of money received under subsection (a); and
            (B) the balances in any accounts or funds established by the subsidiary corporation; and
        (3) may deposit money received under subsection (a) in an account or fund that is:
            (A) administered by the subsidiary corporation; and
            (B) not part of the state treasury.
    (c) The state board of accounts shall annually audit a subsidiary corporation established under this section.
As added by P.L.111-2007, SEC.2.

IC 5-31-5-14
Restriction on issuing bonds
    
Sec. 14. The corporation may not issue bonds or any other debt obligations.
As added by P.L.111-2007, SEC.2.

IC 5-31-5-15
Authority to make grants and loans
    
Sec. 15. The corporation may make grants, loans, and loan guarantees to carry out the purposes of this article.
As added by P.L.111-2007, SEC.2.