Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
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 ENROLLED ACT No. 1098
AN ACT to amend the Indiana Code concerning insurance.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 20-20-38.5-5.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5.5. A policy to provide employer
liability and worker's compensation insurance coverage under this
chapter is subject to the requirements of IC 27-7-19.
SECTION 2. IC 20-20-38.6 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
Chapter 38.6. Agreements with Work Based Learning
Employers
Sec. 1. As used in this chapter, "intermediary" has the meaning
set forth in IC 21-18-1-3.5.
Sec. 2. As used in this chapter, "school" means the following:
(1) A school maintained by a school corporation.
(2) A charter school.
Sec. 3. (a) As used in this chapter, "work based learning
program" refers to:
(1) an apprenticeship program (as defined in IC 20-43-8-0.3);
(2) a modern youth apprenticeship (as defined in
IC 20-51.4-2-9.5);
(3) a pre-apprenticeship program that meets the elements of
a quality pre-apprenticeship program established by the
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United States Department of Labor; and
(4) a work based learning course (as defined in
IC 20-43-8-0.7).
(b) The term does not include the following:
(1) A virtual, remote, or online work based learning program
in which the student performs activities primarily outside of
an employer controlled physical worksite.
(2) An activity that does not involve ongoing work
responsibilities or recurring placement with an employer,
such as a career awareness visit or field trip.
Sec. 4. (a) If an intermediary, an industry talent association, or
a school connects a student with an employer to obtain work
experience as part of a work based learning program, the
intermediary, industry talent association, or school and the
employer shall enter into a written agreement under which the
employer assumes responsibility for obtaining worker's
compensation insurance coverage for any student who performs
services for the employer as part of the work based learning
program.
(b) An intermediary, an industry talent association, or a school
may comply with subsection (a) by entering into an agreement with
a third party employer of record.
SECTION 3. IC 22-3-2-2.5 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 2.5. (a) As used in this section, "school to work student"
refers to a student participating in on-the-job training under the federal
School to Work Opportunities Act (20 U.S.C. 6101 et seq.).
(b) Except as provided in IC 22-3-7-2.5, a school to work student is
entitled to the following compensation and benefits under this article:
(1) Medical benefits under IC 22-3-2 through IC 22-3-6.
(2) Permanent partial impairment compensation under
IC 22-3-3-10. Permanent partial impairment compensation for a
school to work student shall be paid in a lump sum upon
agreement or final award.
(3) In the case that death results from the injury:
(A) death benefits in a lump sum amount of one hundred
seventy-five thousand dollars ($175,000), payable upon
agreement or final award to any dependents of the student
under IC 22-3-3-18 through IC 22-3-3-20, or, if the student has
no dependents, to the student's parents; and
(B) burial compensation under IC 22-3-3-21.
(c) For the sole purpose of modifying an award under IC 22-3-3-27,
a school to work student's average weekly wage is presumed to be
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equal to the federal minimum wage.
(d) A school to work student is not entitled to the following
compensation under this article:
(1) Temporary total disability compensation under IC 22-3-3-8.
(2) Temporary partial disability compensation under IC 22-3-3-9.
(e) Except for remedies available under IC 5-2-6.1, recovery under
subsection (b) is the exclusive right and remedy for:
(1) a school to work student; and
(2) the personal representatives, dependents, or next of kin, at
common law or otherwise, of a school to work student;
on account of personal injury or death by accident arising out of and in
the course of school to work employment.
SECTION 4. IC 22-3-2-2.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 2.6. (a) As used in this section, "work based learning
program" has the meaning set forth in IC 20-20-38.6-3.
(b) Except as provided in subsection (c), a student who performs
services for an employer as part of a work based learning
program:
(1) is entitled to compensation and benefits under IC 22-3-2
through IC 22-3-6; and
(2) may not recover any additional benefit otherwise payable
as a result of being less than seventeen (17) years of age under
the definition of a minor in IC 22-3-6-1.
(c) The following apply if a student is unpaid for the services
performed for an employer as part of a work based learning
program:
(1) The student is not entitled to the following compensation:
(A) Temporary total disability compensation under
IC 22-3-3-8.
(B) Temporary partial disability compensation under
IC 22-3-3-9.
(2) In the case that death results from the injury, death
benefits in a lump sum amount of one hundred seventy-five
thousand dollars ($175,000) shall be paid upon agreement or
final award to any dependents of the student under
IC 22-3-3-18 through IC 22-3-3-20, or, if the student has no
dependents, to the student's parents.
(d) Except for remedies available under IC 5-2-6.1, recovery
under this section is the exclusive right and remedy for:
(1) a student who performs services for an employer as part
of a work based learning program; and
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(2) the personal representatives, dependents, or next of kin, at
common law or otherwise, of a student who performs services
for an employer as part of a work based learning program;
on account of personal injury or death by accident arising out of
and in the course of employment as part of the work based learning
program.
SECTION 5. IC 22-3-6-1, AS AMENDED BY P.L.160-2022,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. In IC 22-3-2 through IC 22-3-6, unless the
context otherwise requires:
(a) "Employer" includes the state and any political subdivision, any
municipal corporation within the state, any individual or the legal
representative of a deceased individual, firm, association, limited
liability company, limited liability partnership, or corporation or the
receiver or trustee of the same, using the services of another for pay. A
corporation, limited liability company, or limited liability partnership
that controls the activities of another corporation, limited liability
company, or limited liability partnership, or a corporation and a limited
liability company or a corporation and a limited liability partnership
that are commonly owned entities, or the controlled corporation,
limited liability company, limited liability partnership, or commonly
owned entities, and a parent corporation and its subsidiaries shall each
be considered joint employers of the corporation's, the controlled
corporation's, the limited liability company's, the limited liability
partnership's, the commonly owned entities', the parent's, or the
subsidiaries' employees for purposes of IC 22-3-2-6 and IC 22-3-3-31.
Both a lessor and a lessee of employees shall each be considered joint
employers of the employees provided by the lessor to the lessee for
purposes of IC 22-3-2-6 and IC 22-3-3-31. If the employer is insured,
the term includes the employer's insurer so far as applicable. However,
the inclusion of an employer's insurer within this definition does not
allow an employer's insurer to avoid payment for services rendered to
an employee with the approval of the employer. The term also includes
an employer that provides on-the-job training under the federal School
to Work Opportunities Act (20 U.S.C. 6101 et seq.) to the extent set
forth in IC 22-3-2-2.5. employs a student as part of a work based
learning program to the extent set forth in IC 22-3-2-2.6. The term
does not include a nonprofit corporation that is recognized as tax
exempt under Section 501(c)(3) of the Internal Revenue Code (as
defined in IC 6-3-1-11(a)) to the extent the corporation enters into an
independent contractor agreement with a person for the performance
of youth coaching services on a part-time basis.
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(b) "Employee" means every person, including a minor, in the
service of another, under any contract of hire or apprenticeship, written
or implied, except one whose employment is both casual and not in the
usual course of the trade, business, occupation, or profession of the
employer.
(1) An executive officer elected or appointed and empowered in
accordance with the charter and bylaws of a corporation, other
than a municipal corporation or governmental subdivision or a
charitable, religious, educational, or other nonprofit corporation,
is an employee of the corporation under IC 22-3-2 through
IC 22-3-6. An officer of a corporation who is an employee of the
corporation under IC 22-3-2 through IC 22-3-6 may elect not to
be an employee of the corporation under IC 22-3-2 through
IC 22-3-6. An officer of a corporation who is also an owner of any
interest in the corporation may elect not to be an employee of the
corporation under IC 22-3-2 through IC 22-3-6. If an officer
makes this election, the officer must serve written notice of the
election on the corporation's insurance carrier and the board. An
officer of a corporation may not be considered to be excluded as
an employee under IC 22-3-2 through IC 22-3-6 until the notice
is received by the insurance carrier and the board.
(2) An executive officer of a municipal corporation or other
governmental subdivision or of a charitable, religious,
educational, or other nonprofit corporation may, notwithstanding
any other provision of IC 22-3-2 through IC 22-3-6, be brought
within the coverage of its insurance contract by the corporation by
specifically including the executive officer in the contract of
insurance. The election to bring the executive officer within the
coverage shall continue for the period the contract of insurance is
in effect, and during this period, the executive officers thus
brought within the coverage of the insurance contract are
employees of the corporation under IC 22-3-2 through IC 22-3-6.
(3) Any reference to an employee who has been injured, when the
employee is dead, also includes the employee's legal
representatives, dependents, and other persons to whom
compensation may be payable.
(4) An owner of a sole proprietorship may elect to include the
owner as an employee under IC 22-3-2 through IC 22-3-6 if the
owner is actually engaged in the proprietorship business. If the
owner makes this election, the owner must serve upon the owner's
insurance carrier and upon the board written notice of the
election. No owner of a sole proprietorship may be considered an
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employee under IC 22-3-2 through IC 22-3-6 until the notice has
been received. If the owner of a sole proprietorship:
(A) is an independent contractor in the construction trades and
does not make the election provided under this subdivision,
the owner must obtain a certificate of exemption under
IC 22-3-2-14.5; or
(B) is an independent contractor and does not make the
election provided under this subdivision, the owner may obtain
a certificate of exemption under IC 22-3-2-14.5.
(5) A partner in a partnership may elect to include the partner as
an employee under IC 22-3-2 through IC 22-3-6 if the partner is
actually engaged in the partnership business. If a partner makes
this election, the partner must serve upon the partner's insurance
carrier and upon the board written notice of the election. No
partner may be considered an employee under IC 22-3-2 through
IC 22-3-6 until the notice has been received. If a partner in a
partnership:
(A) is an independent contractor in the construction trades and
does not make the election provided under this subdivision,
the partner must obtain a certificate of exemption under
IC 22-3-2-14.5; or
(B) is an independent contractor and does not make the
election provided under this subdivision, the partner may
obtain a certificate of exemption under IC 22-3-2-14.5.
(6) Real estate professionals are not employees under IC 22-3-2
through IC 22-3-6 if:
(A) they are licensed real estate agents;
(B) substantially all their remuneration is directly related to
sales volume and not the number of hours worked; and
(C) they have written agreements with real estate brokers
stating that they are not to be treated as employees for tax
purposes.
(7) A person is an independent contractor and not an employee
under IC 22-3-2 through IC 22-3-6 if the person is an independent
contractor under the guidelines of the United States Internal
Revenue Service.
(8) An owner-operator that provides a motor vehicle and the
services of a driver under a written contract that is subject to
IC 8-2.1-24-23, 45 IAC 16-1-13, or 49 CFR 376 to a motor carrier
is not an employee of the motor carrier for purposes of IC 22-3-2
through IC 22-3-6. The owner-operator may elect to be covered
and have the owner-operator's drivers covered under a worker's
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compensation insurance policy or authorized self-insurance that
insures the motor carrier if the owner-operator pays the premiums
as requested by the motor carrier. An election by an
owner-operator under this subdivision does not terminate the
independent contractor status of the owner-operator for any
purpose other than the purpose of this subdivision.
(9) A member or manager in a limited liability company may elect
to include the member or manager as an employee under
IC 22-3-2 through IC 22-3-6 if the member or manager is actually
engaged in the limited liability company business. If a member or
manager makes this election, the member or manager must serve
upon the member's or manager's insurance carrier and upon the
board written notice of the election. A member or manager may
not be considered an employee under IC 22-3-2 through IC 22-3-6
until the notice has been received.
(10) An unpaid participant under the federal School to Work
Opportunities Act (20 U.S.C. 6101 et seq.) is an employee to the
extent set forth in IC 22-3-2-2.5.
(10) A student who performs services for an employer as part
of a work based learning program, either paid or unpaid, is an
employee to the extent set forth in IC 22-3-2-2.6.
(11) A person who enters into an independent contractor
agreement with a nonprofit corporation that is recognized as tax
exempt under Section 501(c)(3) of the Internal Revenue Code (as
defined in IC 6-3-1-11(a)) to perform youth coaching services on
a part-time basis is not an employee for purposes of IC 22-3-2
through IC 22-3-6.
(12) An individual who is not an employee of the state or a
political subdivision is considered to be a temporary employee of
the state for purposes of IC 22-3-2 through IC 22-3-6 while
serving as a member of a mobile support unit on duty for training,
an exercise, or a response, as set forth in IC 10-14-3-19(c)(2)(B).
(13) A driver providing drive away operations is an independent
contractor and not an employee when:
(A) the vehicle being driven is the commodity being delivered;
and
(B) the driver has entered into an agreement with the party
arranging for the transportation that specifies the driver is an
independent contractor and not an employee.
(c) "Minor" means an individual who has not reached seventeen
(17) years of age.
(1) Unless otherwise provided in this subsection, a minor
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employee shall be considered as being of full age for all purposes
of IC 22-3-2 through IC 22-3-6.
(2) If the employee is a minor who, at the time of the accident, is
employed, required, suffered, or permitted to work in violation of
IC 22-2-18-40 (before its expiration on June 30, 2021) and
IC 22-2-18.1-23, the amount of compensation and death benefits,
as provided in IC 22-3-2 through IC 22-3-6, shall be double the
amount which would otherwise be recoverable. The insurance
carrier shall be liable on its policy for one-half (1/2) of the
compensation or benefits that may be payable on account of the
injury or death of the minor, and the employer shall be liable for
the other one-half (1/2) of the compensation or benefits. If the
employee is a minor who is not less than sixteen (16) years of age
and who has not reached seventeen (17) years of age and who at
the time of the accident is employed, suffered, or permitted to
work at any occupation which is not prohibited by law, this
subdivision does not apply.
(3) A minor employee who, at the time of the accident, is a
student performing services for an employer as part of an
approved program under IC 20-37-2-7 or a work based learning
program (as defined in IC 20-20-38.6-3) shall be considered a
full-time employee for the purpose of computing compensation
for permanent impairment under IC 22-3-3-10. The average
weekly wages for such a student shall be calculated as provided
in subsection (d)(4).
(4) The rights and remedies granted in this subsection to a minor
under IC 22-3-2 through IC 22-3-6 on account of personal injury
or death by accident shall exclude all rights and remedies of the
minor, the minor's parents, or the minor's personal
representatives, dependents, or next of kin at common law,
statutory or otherwise, on account of the injury or death. This
subsection does not apply to minors who have reached seventeen
(17) years of age.
(d) "Average weekly wages" means the earnings of the injured
employee in the employment in which the employee was working at the
time of the injury during the period of fifty-two (52) weeks
immediately preceding the date of injury, divided by fifty-two (52),
except as follows:
(1) If the injured employee lost seven (7) or more calendar days
during this period, although not in the same week, then the
earnings for the remainder of the fifty-two (52) weeks shall be
divided by the number of weeks and parts thereof remaining after
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the time lost has been deducted.
(2) Where the employment prior to the injury extended over a
period of less than fifty-two (52) weeks, the method of dividing
the earnings during that period by the number of weeks and parts
thereof during which the employee earned wages shall be
followed, if results just and fair to both parties will be obtained.
Where by reason of the shortness of the time during which the
employee has been in the employment of the employee's employer
or of the casual nature or terms of the employment it is
impracticable to compute the average weekly wages, as defined
in this subsection, regard shall be had to the average weekly
amount which during the fifty-two (52) weeks previous to the
injury was being earned by a person in the same grade employed
at the same work by the same employer or, if there is no person so
employed, by a person in the same grade employed in the same
class of employment in the same district.
(3) Wherever allowances of any character made to an employee
in lieu of wages are a specified part of the wage contract, they
shall be deemed a part of the employee's earnings.
(4) In computing the average weekly wages to be used in
calculating an award for permanent impairment under
IC 22-3-3-10 for a student employee in an approved training
program under IC 20-37-2-7 or a work based learning program
(as defined in IC 20-20-38.6-3), the following formula shall be
used. Calculate the product of:
(A) the student employee's hourly wage rate; multiplied by
(B) forty (40) hours.
The result obtained is the amount of the average weekly wages for
the student employee.
(e) "Injury" and "personal injury" mean only injury by accident
arising out of and in the course of the employment and do not include
a disease in any form except as it results from the injury.
(f) "Billing review service" refers to a person or an entity that
reviews a medical service provider's bills or statements for the purpose
of determining pecuniary liability. The term includes an employer's
worker's compensation insurance carrier if the insurance carrier
performs such a review.
(g) "Billing review standard" means the data used by a billing
review service to determine pecuniary liability.
(h) "Community" means a geographic service area based on ZIP
code districts defined by the United States Postal Service according to
the following groupings:
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(1) The geographic service area served by ZIP codes with the first
three (3) digits 463 and 464.
(2) The geographic service area served by ZIP codes with the first
three (3) digits 465 and 466.
(3) The geographic service area served by ZIP codes with the first
three (3) digits 467 and 468.
(4) The geographic service area served by ZIP codes with the first
three (3) digits 469 and 479.
(5) The geographic service area served by ZIP codes with the first
three (3) digits 460, 461 (except 46107), and 473.
(6) The geographic service area served by the 46107 ZIP code and
ZIP codes with the first three (3) digits 462.
(7) The geographic service area served by ZIP codes with the first
three (3) digits 470, 471, 472, 474, and 478.
(8) The geographic service area served by ZIP codes with the first
three (3) digits 475, 476, and 477.
(i) "Medical service provider" refers to a person or an entity that
provides services or products to an employee under IC 22-3-2 through
IC 22-3-6. Except as otherwise provided in IC 22-3-2 through
IC 22-3-6, the term includes a medical service facility.
(j) "Medical service facility" means any of the following that
provides a service or product under IC 22-3-2 through IC 22-3-6 and
uses the CMS 1450 (UB-04) form or the CMS 1500 (HCFA-1500)
form for Medicare reimbursement:
(1) An ambulatory outpatient surgical center (as defined in
IC 16-18-2-14).
(2) A hospital (as defined in IC 16-18-2-179).
(3) A hospital based health facility (as defined in
IC 16-18-2-180).
(4) A medical center (as defined in IC 16-18-2-223.4).
(k) "Pecuniary liability" means the responsibility of an employer or
the employer's insurance carrier for the payment of the charges for each
specific service or product for human medical treatment provided
under IC 22-3-2 through IC 22-3-6, as follows:
(1) This subdivision applies before July 1, 2014, to all medical
service providers, and after June 30, 2014, to a medical service
provider that is not a medical service facility. Payment of the
charges in a defined community, equal to or less than the charges
made by medical service providers at the eightieth percentile in
the same community for like services or products.
(2) Payment of the charges in a reasonable amount, which is
established by payment of one (1) of the following:
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(A) The amount negotiated at any time between the medical
service facility and any of the following, if an amount has been
negotiated:
(i) The employer.
(ii) The employer's insurance carrier.
(iii) A billing review service on behalf of a person described
in item (i) or (ii).
(iv) A direct provider network that has contracted with a
person described in item (i) or (ii).
(B) Two hundred percent (200%) of the amount that would be
paid to the medical service facility on the same date for the
same service or product under the medical service facility's
Medicare reimbursement rate, if, after conducting the
negotiations described in clause (A), an agreement has not
been reached.
(l) "Service or product" or "services and products" refers to medical,
hospital, surgical, or nursing service, treatment, and supplies provided
under IC 22-3-2 through IC 22-3-6.
SECTION 6. IC 22-3-7-2.5 IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 2.5. (a) As used in this section, "school to work student"
refers to a student participating in on-the-job training under the federal
School to Work Opportunities Act (20 U.S.C. 6101 et seq.).
(b) A school to work student is entitled to the following
compensation and benefits under this chapter:
(1) Medical benefits.
(2) Permanent partial impairment compensation under section 16
of this chapter. Permanent partial impairment compensation for
a school to work student shall be paid in a lump sum upon
agreement or final award.
(3) In the case that death results from the injury:
(A) death benefits in a lump sum amount of one hundred
seventy-five thousand dollars ($175,000), payable upon
agreement or final award to any dependents of the student
under sections 11 through 14 of this chapter, or, if the student
has no dependents, to the student's parents; and
(B) burial compensation under section 15 of this chapter.
(c) For the sole purpose of modifying an award under section 27 of
this chapter, a school to work student's average weekly wage is
presumed to be equal to the federal minimum wage.
(d) A school to work student is not entitled to the following
compensation under this chapter:
(1) Temporary total disability compensation under section 16 of
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this chapter.
(2) Temporary partial disability compensation under section 19 of
this chapter.
(e) Except for remedies available under IC 5-2-6.1, recovery under
subsection (b) is the exclusive right and remedy for:
(1) a school to work student; and
(2) the personal representatives, dependents, or next of kin, at
common law or otherwise, of a school to work student;
on account of disablement or death by occupational disease arising out
of and in the course of school to work employment.
SECTION 7. IC 22-3-7-2.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 2.6. (a) As used in this section, "work based learning
program" has the meaning set forth in IC 20-20-38.6-3.
(b) Except as provided in subsection (c), a student who performs
services for an employer as part of a work based learning
program:
(1) is entitled to compensation and benefits under this
chapter; and
(2) may not recover any additional benefit otherwise payable
as a result of being less than seventeen (17) years of age under
the definition of a minor in section 9 of this chapter.
(c) The following apply if a student is unpaid for the services
performed for an employer as part of a work based learning
program:
(1) The student is not entitled to the following compensation:
(A) Temporary total disability compensation under section
16 of this chapter.
(B) Temporary partial disability compensation under
section 16 of this chapter.
(2) In the case that death results from the injury, death
benefits in a lump sum amount of one hundred seventy-five
thousand dollars ($175,000) shall be paid upon agreement or
final award to any dependents of the student under sections 11
through 14 of this chapter, or, if the student has no
dependents, to the student's parents.
(d) Except for remedies available under IC 5-2-6.1, recovery
under this section is the exclusive right and remedy for:
(1) a student who performs services for an employer as part
of a work based learning program; and
(2) the personal representatives, dependents, or next of kin, at
common law or otherwise, of a student who performs services
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for an employer as part of a work based learning program;
on account of disablement or death by occupational disease arising
out of and in the course of employment as part of the work based
learning program.
SECTION 8. IC 22-3-7-9, AS AMENDED BY P.L.160-2022,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. (a) As used in this chapter, "employer" includes
the state and any political subdivision, any municipal corporation
within the state, any individual or the legal representative of a deceased
individual, firm, association, limited liability company, limited liability
partnership, or corporation or the receiver or trustee of the same, using
the services of another for pay. A corporation, limited liability
company, or limited liability partnership that controls the activities of
another corporation, limited liability company, or limited liability
partnership, or a corporation and a limited liability company or a
corporation and a limited liability partnership that are commonly
owned entities, or the controlled corporation, limited liability company,
limited liability partnership, or commonly owned entities, and a parent
corporation and its subsidiaries shall each be considered joint
employers of the corporation's, the controlled corporation's, the limited
liability company's, the limited liability partnership's, the commonly
owned entities', the parent's, or the subsidiaries' employees for purposes
of sections 6 and 33 of this chapter. Both a lessor and a lessee of
employees shall each be considered joint employers of the employees
provided by the lessor to the lessee for purposes of sections 6 and 33
of this chapter. The term also includes an employer that provides
on-the-job training under the federal School to Work Opportunities Act
(20 U.S.C. 6101 et seq.) to the extent set forth under section 2.5 of this
chapter employs a student as part of a work based learning
program to the extent set forth in section 2.6 of this chapter. If the
employer is insured, the term includes the employer's insurer so far as
applicable. However, the inclusion of an employer's insurer within this
definition does not allow an employer's insurer to avoid payment for
services rendered to an employee with the approval of the employer.
The term does not include a nonprofit corporation that is recognized as
tax exempt under Section 501(c)(3) of the Internal Revenue Code (as
defined in IC 6-3-1-11(a)) to the extent the corporation enters into an
independent contractor agreement with a person for the performance
of youth coaching services on a part-time basis.
(b) As used in this chapter, "employee" means every person,
including a minor, in the service of another, under any contract of hire
or apprenticeship written or implied, except one whose employment is
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both casual and not in the usual course of the trade, business,
occupation, or profession of the employer. For purposes of this chapter
the following apply:
(1) Any reference to an employee who has suffered disablement,
when the employee is dead, also includes the employee's legal
representative, dependents, and other persons to whom
compensation may be payable.
(2) An owner of a sole proprietorship may elect to include the
owner as an employee under this chapter if the owner is actually
engaged in the proprietorship business. If the owner makes this
election, the owner must serve upon the owner's insurance carrier
and upon the board written notice of the election. No owner of a
sole proprietorship may be considered an employee under this
chapter unless the notice has been received. If the owner of a sole
proprietorship:
(A) is an independent contractor in the construction trades and
does not make the election provided under this subdivision,
the owner must obtain a certificate of exemption under section
34.5 of this chapter; or
(B) is an independent contractor and does not make the
election provided under this subdivision, the owner may obtain
a certificate of exemption under section 34.5 of this chapter.
(3) A partner in a partnership may elect to include the partner as
an employee under this chapter if the partner is actually engaged
in the partnership business. If a partner makes this election, the
partner must serve upon the partner's insurance carrier and upon
the board written notice of the election. No partner may be
considered an employee under this chapter until the notice has
been received. If a partner in a partnership:
(A) is an independent contractor in the construction trades and
does not make the election provided under this subdivision,
the partner must obtain a certificate of exemption under
section 34.5 of this chapter; or
(B) is an independent contractor and does not make the
election provided under this subdivision, the partner may
obtain a certificate of exemption under section 34.5 of this
chapter.
(4) Real estate professionals are not employees under this chapter
if:
(A) they are licensed real estate agents;
(B) substantially all their remuneration is directly related to
sales volume and not the number of hours worked; and
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15
(C) they have written agreements with real estate brokers
stating that they are not to be treated as employees for tax
purposes.
(5) A person is an independent contractor in the construction
trades and not an employee under this chapter if the person is an
independent contractor under the guidelines of the United States
Internal Revenue Service.
(6) An owner-operator that provides a motor vehicle and the
services of a driver under a written contract that is subject to
IC 8-2.1-24-23, 45 IAC 16-1-13, or 49 CFR 376, to a motor
carrier is not an employee of the motor carrier for purposes of this
chapter. The owner-operator may elect to be covered and have the
owner-operator's drivers covered under a worker's compensation
insurance policy or authorized self-insurance that insures the
motor carrier if the owner-operator pays the premiums as
requested by the motor carrier. An election by an owner-operator
under this subdivision does not terminate the independent
contractor status of the owner-operator for any purpose other than
the purpose of this subdivision.
(7) An unpaid participant under the federal School to Work
Opportunities Act (20 U.S.C. 6101 et seq.) is an employee to the
extent set forth under section 2.5 of this chapter.
(7) A student who performs services for an employer as part
of a work based learning program, either paid or unpaid, is an
employee to the extent set forth in section 2.6 of this chapter.
(8) A person who enters into an independent contractor agreement
with a nonprofit corporation that is recognized as tax exempt
under Section 501(c)(3) of the Internal Revenue Code (as defined
in IC 6-3-1-11(a)) to perform youth coaching services on a
part-time basis is not an employee for purposes of this chapter.
(9) An officer of a corporation who is an employee of the
corporation under this chapter may elect not to be an employee of
the corporation under this chapter. An officer of a corporation
who is also an owner of any interest in the corporation may elect
not to be an employee of the corporation under this chapter. If an
officer makes this election, the officer must serve written notice
of the election on the corporation's insurance carrier and the
board. An officer of a corporation may not be considered to be
excluded as an employee under this chapter until the notice is
received by the insurance carrier and the board.
(10) An individual who is not an employee of the state or a
political subdivision is considered to be a temporary employee of
HEA 1098 — Concur
16
the state for purposes of this chapter while serving as a member
of a mobile support unit on duty for training, an exercise, or a
response, as set forth in IC 10-14-3-19(c)(2)(B).
(c) As used in this chapter, "minor" means an individual who has
not reached seventeen (17) years of age. A minor employee shall be
considered as being of full age for all purposes of this chapter.
However, if the employee is a minor who, at the time of the last
exposure, is employed, required, suffered, or permitted to work in
violation of the employment of minors laws of this state, the amount of
compensation and death benefits, as provided in this chapter, shall be
double the amount which would otherwise be recoverable. The
insurance carrier shall be liable on its policy for one-half (1/2) of the
compensation or benefits that may be payable on account of the
disability or death of the minor, and the employer shall be wholly liable
for the other one-half (1/2) of the compensation or benefits. If the
employee is a minor who is not less than sixteen (16) years of age and
who has not reached seventeen (17) years of age, and who at the time
of the last exposure is employed, suffered, or permitted to work at any
occupation which is not prohibited by law, the provisions of this
subsection prescribing double the amount otherwise recoverable do not
apply. The rights and remedies granted to a minor under this chapter on
account of disease shall exclude all rights and remedies of the minor,
the minor's parents, the minor's personal representatives, dependents,
or next of kin at common law, statutory or otherwise, on account of any
disease.
(d) This chapter does not apply to casual laborers as defined in
subsection (b), nor to farm or agricultural employees, nor to household
employees, nor to railroad employees engaged in train service as
engineers, firemen, conductors, brakemen, flagmen, baggagemen, or
foremen in charge of yard engines and helpers assigned thereto, nor to
their employers with respect to these employees. Also, this chapter
does not apply to employees or their employers with respect to
employments in which the laws of the United States provide for
compensation or liability for injury to the health, disability, or death by
reason of diseases suffered by these employees.
(e) As used in this chapter, "disablement" means the event of
becoming disabled from earning full wages at the work in which the
employee was engaged when last exposed to the hazards of the
occupational disease by the employer from whom the employee claims
compensation or equal wages in other suitable employment, and
"disability" means the state of being so incapacitated.
(f) For the purposes of this chapter, no compensation shall be
HEA 1098 — Concur
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payable for or on account of any occupational diseases unless
disablement, as defined in subsection (e), occurs within two (2) years
after the last day of the last exposure to the hazards of the disease
except for the following:
(1) In all cases of occupational diseases caused by the inhalation
of silica dust or coal dust, no compensation shall be payable
unless disablement, as defined in subsection (e), occurs within
three (3) years after the last day of the last exposure to the hazards
of the disease.
(2) In all cases of occupational disease caused by the exposure to
radiation, no compensation shall be payable unless disablement,
as defined in subsection (e), occurs within two (2) years from the
date on which the employee had knowledge of the nature of the
employee's occupational disease or, by exercise of reasonable
diligence, should have known of the existence of such disease and
its causal relationship to the employee's employment.
(3) In all cases of occupational diseases caused by the inhalation
of asbestos dust, no compensation shall be payable unless
disablement, as defined in subsection (e), occurs within three (3)
years after the last day of the last exposure to the hazards of the
disease if the last day of the last exposure was before July 1, 1985.
(4) In all cases of occupational disease caused by the inhalation
of asbestos dust in which the last date of the last exposure occurs
on or after July 1, 1985, and before July 1, 1988, no compensation
shall be payable unless disablement, as defined in subsection (e),
occurs within twenty (20) years after the last day of the last
exposure.
(5) In all cases of occupational disease caused by the inhalation
of asbestos dust in which the last date of the last exposure occurs
on or after July 1, 1988, no compensation shall be payable unless
disablement (as defined in subsection (e)) occurs within
thirty-five (35) years after the last day of the last exposure.
(g) For the purposes of this chapter, no compensation shall be
payable for or on account of death resulting from any occupational
disease unless death occurs within two (2) years after the date of
disablement. However, this subsection does not bar compensation for
death:
(1) where death occurs during the pendency of a claim filed by an
employee within two (2) years after the date of disablement and
which claim has not resulted in a decision or has resulted in a
decision which is in process of review or appeal; or
(2) where, by agreement filed or decision rendered, a
HEA 1098 — Concur
18
compensable period of disability has been fixed and death occurs
within two (2) years after the end of such fixed period, but in no
event later than three hundred (300) weeks after the date of
disablement.
(h) As used in this chapter, "billing review service" refers to a
person or an entity that reviews a medical service provider's bills or
statements for the purpose of determining pecuniary liability. The term
includes an employer's worker's compensation insurance carrier if the
insurance carrier performs such a review.
(i) As used in this chapter, "billing review standard" means the data
used by a billing review service to determine pecuniary liability.
(j) As used in this chapter, "community" means a geographic service
area based on ZIP code districts defined by the United States Postal
Service according to the following groupings:
(1) The geographic service area served by ZIP codes with the first
three (3) digits 463 and 464.
(2) The geographic service area served by ZIP codes with the first
three (3) digits 465 and 466.
(3) The geographic service area served by ZIP codes with the first
three (3) digits 467 and 468.
(4) The geographic service area served by ZIP codes with the first
three (3) digits 469 and 479.
(5) The geographic service area served by ZIP codes with the first
three (3) digits 460, 461 (except 46107), and 473.
(6) The geographic service area served by the 46107 ZIP code and
ZIP codes with the first three (3) digits 462.
(7) The geographic service area served by ZIP codes with the first
three (3) digits 470, 471, 472, 474, and 478.
(8) The geographic service area served by ZIP codes with the first
three (3) digits 475, 476, and 477.
(k) As used in this chapter, "medical service provider" refers to a
person or an entity that provides services or products to an employee
under this chapter. Except as otherwise provided in this chapter, the
term includes a medical service facility.
(l) As used in this chapter, "medical service facility" means any of
the following that provides a service or product under this chapter and
uses the CMS 1450 (UB-04) form or the CMS 1500 (HCFA-1500)
form for Medicare reimbursement:
(1) An ambulatory outpatient surgical center (as defined in
IC 16-18-2-14).
(2) A hospital (as defined in IC 16-18-2-179).
(3) A hospital based health facility (as defined in
HEA 1098 — Concur
19
IC 16-18-2-180).
(4) A medical center (as defined in IC 16-18-2-223.4).
(m) As used in this chapter, "pecuniary liability" means the
responsibility of an employer or the employer's insurance carrier for the
payment of the charges for each specific service or product for human
medical treatment provided under this chapter as follows:
(1) This subdivision applies before July 1, 2014, to all medical
service providers, and after June 30, 2014, to a medical service
provider that is not a medical service facility. Payment of the
charges in a defined community, equal to or less than the charges
made by medical service providers at the eightieth percentile in
the same community for like services or products.
(2) Payment of the charges in a reasonable amount, which is
established by payment of one (1) of the following:
(A) The amount negotiated at any time between the medical
service facility and any of the following, if an amount has been
negotiated:
(i) The employer.
(ii) The employer's insurance carrier.
(iii) A billing review service on behalf of a person described
in item (i) or (ii).
(iv) A direct provider network that has contracted with a
person described in item (i) or (ii).
(B) Two hundred percent (200%) of the amount that would be
paid to the medical service facility on the same date for the
same service or product under the medical service facility's
Medicare reimbursement rate, if, after conducting the
negotiations described in clause (A), an agreement has not
been reached.
(n) "Service or product" or "services and products" refers to
medical, hospital, surgical, or nursing service, treatment, and supplies
provided under this chapter.
SECTION 9. IC 27-7-19 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]:
Chapter 19. Insurance Coverage for Participants of Work
Based Learning Programs
Sec. 1. This chapter applies to a policy that is entered into,
amended, or renewed after June 30, 2026.
Sec. 2. As used in this chapter, "employer's liability insurance"
means the type of insurance described in IC 27-1-5-1, Class 2(b).
Sec. 3. As used in this chapter, "insurer" means a company that
HEA 1098 — Concur
20
is authorized under IC 27-1-3-20 to engage in the business of
insurance in Indiana.
Sec. 4. As used in this chapter, "participant" refers to any of the
following:
(1) An employer that employs a student in a work based
learning program.
(2) A student who is enrolled in a work based learning
program.
(3) An intermediary (as defined in IC 21-18-1-3.5).
(4) A school corporation (as defined in IC 20-18-2-16(a)).
(5) A charter school (as defined in IC 20-24-1-4).
Sec. 5. As used in this chapter, "work based learning program"
has the meaning set forth in IC 20-20-38.6-3.
Sec. 6. Any:
(1) underwriting decision made by an insurer that issues a
policy of employer's liability insurance or worker's
compensation insurance to provide coverage for a
participant; or
(2) rating factor applied to a participant for a policy described
in subdivision (1);
must be based on objective risk based criteria that are applied
uniformly and without regard to the age of the student to be
covered under the policy.
SECTION 10. IC 36-8-12-2, AS AMENDED BY P.L.10-2019,
SECTION 139, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2. As used in this chapter:
"Emergency medical services personnel" means individuals certified
by the emergency medical services commission established by
IC 16-31-2-1 who:
(1) as a result of a written application, have been elected or
appointed to membership in a volunteer fire department; and
(2) have executed a pledge to faithfully perform, with or without
nominal compensation, the work related duties assigned and
orders given to the individuals by the chief of the volunteer fire
department or an officer of the volunteer fire department,
including orders or duties involving education and training.
"Employee" means a person in the service of another person under
a written or implied contract of hire or apprenticeship.
"Employer" means:
(1) a political subdivision;
(2) an individual or the legal representative of a deceased
individual;
HEA 1098 — Concur
21
(3) a firm;
(4) an association;
(5) a limited liability company; or
(6) an employer that provides on-the-job training under the
federal School to Work Opportunities Act (20 U.S.C. 6101 et
seq.) to the extent set forth in IC 22-3-2-2.5(a); or
(7) (6) a corporation or its receiver or trustee;
that uses the services of another person for pay.
"Essential employee" means an employee:
(1) who the employer has determined to be essential to the
operation of the employer's daily enterprise; and
(2) without whom the employer is likely to suffer economic injury
as a result of the absence of the essential employee.
"Nominal compensation" means annual compensation of not more
than twenty thousand dollars ($20,000).
"Public servant" has the meaning set forth in IC 35-31.5-2-261.
"Responsible party" has the meaning set forth in IC 13-11-2-191(d).
"Volunteer fire department" means a department or association
organized for the purpose of answering fire alarms, extinguishing fires,
and providing other emergency services, the majority of members of
which receive no compensation or nominal compensation for their
services.
"Volunteer firefighter" means a firefighter:
(1) who, as a result of a written application, has been elected or
appointed to membership in a volunteer fire department;
(2) who has executed a pledge to faithfully perform, with or
without nominal compensation, the work related duties assigned
and orders given to the firefighter by the chief of the volunteer
fire department or an officer of the volunteer fire department,
including orders or duties involving education and training as
prescribed by the volunteer fire department or the state; and
(3) whose name has been entered on a roster of volunteer
firefighters that is kept by the volunteer fire department and that
has been approved by the proper officers of the unit.
"Volunteer member" means a member of a volunteer emergency
medical services association connected with a unit as set forth in
IC 16-31-5-1(6).
HEA 1098 — Concur
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1098 — ConcurEvery fact on this page links to its source, starting with the official bill record.