Title 22, LABOR AND SAFETY

Sec. 11. (a) A PEO using the PEO level reporting method may elect the client level reporting method, which uses the state employer account number and contribution rate of the client to report and pay all required contributions to the unemployment compensation fund as required by …

Sec. 12. The following apply to a PEO that elects to use the client level reporting method: (1) Whenever the PEO enters into a professional employer agreement with a client, the PEO shall notify the department not later than fifteen (15) days after the end of the quarter in which…

Sec. 13. (a) A client that transfers between PEOs is not subject to IC 22-4-10-6 and IC 22-4-11.5 whenever: (1) the PEOs are not commonly owned, managed, or controlled; and (2) both PEOs have elected to use the PEO level reporting method. (b) The client of a PEO that has elected …

Sec. 2. As used in this chapter, "client level reporting method" has the meaning set forth in section 11(a) of this chapter. As added by P.L.33-2013, SEC.1.

Sec. 3. As used in this chapter, "covered employee" has the meaning set forth in IC 27-16-2-8. As added by P.L.33-2013, SEC.1.

Sec. 4. As used in this chapter, "professional employer agreement" has the meaning set forth in IC 27-16-2-12. As added by P.L.33-2013, SEC.1.

Sec. 5. As used in this chapter, "professional employer organization" or "PEO" has the meaning set forth in IC 27-16-2-13. As added by P.L.33-2013, SEC.1.

Sec. 6. As used in this chapter, "PEO level reporting method" has the meaning set forth in section 9(a) of this chapter. As added by P.L.33-2013, SEC.1.

Sec. 7. (a) For purposes of this article, a covered employee of a PEO is an employee of the PEO. (b) A PEO is responsible for the payment of contributions, surcharges, penalties, and interest assessed under this article on wages paid by the PEO to the PEO's covered employees duri…

Sec. 8. (a) A PEO shall use the client level reporting method to report and pay all required contributions to the unemployment compensation fund as required by IC 22-4-10, unless the PEO elects the PEO level reporting method under section 9 of this chapter. (b) A PEO that initial…

Sec. 9. (a) A PEO may elect the PEO level reporting method, which uses the state employer account number and contribution rate of the PEO to report and pay all required contributions to the unemployment compensation fund as required by IC 22-4-10. (b) A PEO shall make the electio…

Sec. 1. As used in this chapter, "clean claim" means a claim submitted by a medical service provider for payment under IC 22-3-2 through IC 22-3-7 that has no defect, impropriety, or particular circumstance requiring special treatment preventing payment. As added by P.L.160-2022,…

Sec. 2. As used in this chapter, "payor" means an employer or an employer's insurance carrier that is liable for a claim for a service or product under IC 22-3-2 through IC 22-3-7. As added by P.L.160-2022, SEC.10.

Sec. 3. As used in this chapter, "medical service facility" means any of the following that provides a service or product under IC 22-3-2 through IC 22-3-7 and uses the CMS 1450 (UB-04) form or the CMS 1500 (HCFA-1500) form for Medicare reimbursement: (1) An ambulatory outpatient…

Sec. 4. As used in this chapter, "medical service provider" means a person or an entity that provides services or products to an employee under IC 22-3-2 through IC 22-3-7. Except as otherwise provided in this chapter, the term includes a medical service facility. As added by P.L…

Sec. 5. (a) A payor shall pay or deny each clean claim in accordance with section 6 of this chapter. (b) A payor shall notify a medical service provider of any deficiencies in a submitted claim not more than: (1) thirty (30) days after the date the claim is received by the payor,…

Sec. 6. (a) A payor shall pay or deny each clean claim as follows: (1) If the claim is filed electronically, not more than thirty (30) days after the date the claim is received by the payor. (2) If the claim is filed on paper, not more than forty-five (45) days after the date the…

Sec. 7. A medical service provider shall submit only the following forms for payment by a payor: (1) CMS 1450 (UB-04). (2) CMS 1500 (HCFA-1500). (3) American Dental Association (ADA) claim form. As added by P.L.160-2022, SEC.10.

Sec. 1. (a) The commission may file a civil action for appropriate relief if the commission has reasonable cause to believe that: (1) a person is engaged in a pattern or practice of resistance to the full enjoyment of any right granted by this article; or (2) a person has been de…

Sec. 2. In an action filed under section 1 of this chapter, the court may do the following: (1) Award preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this article as necessary to…

Sec. 3. A person may intervene in an action filed under section 1 of this chapter if the person is: (1) an aggrieved person to the discriminatory housing practice; or (2) a party to a conciliation agreement concerning the discriminatory housing practice. As added by P.L.1-1991, S…

Sec. 4. The attorney general, on behalf of the commission or other party at whose request a subpoena is issued under this chapter, may enforce the subpoena in appropriate proceedings in the court in which the action is filed. As added by P.L.111-1992, SEC.8.

Sec. 1. Notwithstanding any other provision of this article, this chapter applies to the assignment of contribution rates and transfers of employer experience accounts after December 31, 2005. As added by P.L.98-2005, SEC.9.

Sec. 10. In addition to any other penalty imposed, a person who knowingly, recklessly, or intentionally violates this chapter commits a Class C misdemeanor. As added by P.L.98-2005, SEC.9. Amended by P.L.1-2006, SEC.342; P.L.108-2006, SEC.21.

Sec. 11. (a) The commissioner shall establish procedures to identify the transfer or acquisition of a business for purposes of this chapter. (b) The interpretation and application of this chapter must meet the minimum requirements contained in any guidance or regulations issued b…

Sec. 2. As used in this chapter, "administrative law judge" means a person employed by the commissioner under IC 22-4-17-4. As added by P.L.98-2005, SEC.9. Amended by P.L.108-2006, SEC.16.

Sec. 3. As used in this chapter, "person" has the meaning set forth in section 7701(a)(1) of the Internal Revenue Code. As added by P.L.98-2005, SEC.9.

Sec. 4. As used in this chapter, "trade or business" includes an employer's workforce. As added by P.L.98-2005, SEC.9.

Sec. 5. As used in this chapter, "violates or attempts to violate" includes the intent to evade a higher employer contribution rate in connection with a transfer of a trade or business through misrepresentation or willful nondisclosure of information relevant to the transfer. As …

Sec. 6. As used in this chapter: (1) "knowingly" has the meaning set forth in IC 35-41-2-2(b); and (2) "recklessly" has the meaning set forth in IC 35-41-2-2(c). As added by P.L.98-2005, SEC.9.

Sec. 7. (a) This section applies to a transfer of a trade or business that meets the following requirements: (1) An employer transfers all or a portion of the employer's trade or business to another employer. (2) At the time of the transfer, the two (2) employers have substantial…

Sec. 8. (a) If the department determines that an employing unit or other person that is not an employer under IC 22-4-7 at the time of the acquisition has acquired an employer's trade or business solely or primarily for the purpose of obtaining a lower employer contribution rate,…

Sec. 9. (a) A person who knowingly or recklessly: (1) violates or attempts to violate: (A) section 7 or 8 of this chapter; or (B) any other provision of this article related to determining the assumption or assignment of an employer's contribution rate; or (2) advises another per…

Sec. 1. Whenever: (1) the department establishes an overpayment for an individual under IC 22-4-13-1(c) or IC 22-4-13-1(d); and (2) the overpayment becomes final following the exhaustion of all appeals; the department may, in addition to any other manner of collecting the overpay…

Sec. 2. (a) The department shall provide a notice to an individual who is subject to withholding under section 1 of this chapter. (b) The notice provided under subsection (a) must contain the following: (1) That the individual's income will be withheld. (2) That a notice to withh…

Sec. 3. (a) The department shall provide a notice to withhold income to each employer of an individual who is subject to withholding under section 1 of this chapter. (b) A notice to withhold income provided under subsection (a) is binding on the employer and must contain the foll…

Sec. 4. (a) An employer that receives a notice to withhold income under section 3 of this chapter shall do the following: (1) Verify the individual's employment to the department. (2) Withhold from the income due to the individual each pay period an amount: (A) determined in acco…

Sec. 5. (a) An employer may not use the withholding of income to collect an overpayment to the department as a basis for: (1) refusing to hire a potential employee; (2) discharging an employee; or (3) taking disciplinary action against an employee. (b) If: (1) an employee reasona…

Sec. 6. (a) An employer that refuses to withhold income as required by this chapter or knowingly misrepresents the income of an employee: (1) is liable to the department for the amount that the employer failed to withhold from an employee's income; and (2) may be ordered to pay p…

Sec. 7. (a) An employer that complies with a notice described in section 3 of this chapter that is regular on its face is not liable in any civil action for any conduct taken in compliance with the notice. (b) An employer that complies with a notice described in section 3 of this…

Sec. 8. (a) An individual who receives a notice under section 2 of this chapter may contest the withholding and assert exemptions by requesting, in writing, not later than fifteen (15) days after the date on the notice, an administrative hearing by an administrative law judge of …

Sec. 1. As used in this chapter, "indoor pyrotechnics" means controlled exothermic chemical reactions that are timed to create the effects of heat, gas, sound, dispersion of aerosols, emission of visible electromagnetic radiation, or a combination of these effects to provide the …

Sec. 10. A person who causes serious bodily injury to a person as a result of a knowing or an intentional violation of a rule adopted under this chapter commits a Level 6 felony. As added by P.L.25-2004, SEC.3. Amended by P.L.158-2013, SEC.256.

Sec. 11. A person who causes the death of a person as a result of a reckless violation of a rule adopted under this chapter commits a Level 6 felony. As added by P.L.25-2004, SEC.3. Amended by P.L.158-2013, SEC.257.

Sec. 12. A person who causes the death of a person as a result of a knowing or an intentional violation of a rule adopted under this chapter commits a Level 5 felony. As added by P.L.25-2004, SEC.3. Amended by P.L.158-2013, SEC.258.

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 3. The fire prevention and building safety commission shall adopt rules under IC 4-22-2 to implement a statewide code concerning displays of indoor pyrotec…