2015 Indiana Code TITLE 20. EDUCATION ARTICLE 40. GOVERNMENT FUNDS AND ACCOUNTS CHAPTER 12. SELF-INSURANCE FUND
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IC 20-40-12
Chapter 12. Self-Insurance Fund
IC 20-40-12-1
"Fund"
Sec. 1. As used in this chapter, "fund" refers to a self-insurance
fund established under section 4 of this chapter.
As added by P.L.2-2006, SEC.163.
IC 20-40-12-2
"Health care services"
Sec. 2. As used in this chapter, "health care services" has the
meaning set forth in IC 27-8-11-1.
As added by P.L.2-2006, SEC.163.
IC 20-40-12-3
"Self-insurance program"
Sec. 3. As used in this chapter, "self-insurance program" means a
program of self-insurance established or maintained by a governing
body to provide coverage for health care services to a school
corporation's employees and the employees' dependents.
As added by P.L.2-2006, SEC.163.
IC 20-40-12-4
Establishment of fund
Sec. 4. The governing body of each school corporation:
(1) may establish a self-insurance fund in accordance with this
chapter for the purposes described in:
(A) section 5(1) through 5(3) of this chapter; and
(B) section 5(4) of this chapter as section 5(4) of this chapter
applies to governing body or school employee coverage
other than coverage for health care services; and
(2) shall, if the governing body elects to provide a self-insurance
program to cover health care services, establish a self-insurance
fund for the purposes described in section 5(4) of this chapter as
section 5(4) of this chapter applies to health care services.
As added by P.L.2-2006, SEC.163.
IC 20-40-12-5
Uses
Sec. 5. The fund may be used to provide money for the following
purposes:
(1) The payment of a judgment rendered against the school
corporation, or rendered against an officer or employee of the
school corporation for which the school corporation is liable
under IC 34-13-2, IC 34-13-3, or IC 34-13-4 (or IC 34-4-16.5,
IC 34-4-16.6, or IC 34-4-16.7 before their repeal).
(2) The payment of a claim or settlement for which the school
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corporation is liable under IC 34-13-2, IC 34-13-3, or
IC 34-13-4 (or IC 34-4-16.5, IC 34-4-16.6, or IC 34-4-16.7
before their repeal).
(3) The payment of a premium, management fee, claim, or
settlement for which the school corporation is liable under a
federal or state statute, including IC 22-3 and IC 22-4.
(4) The payment of a settlement or claim for which insurance
coverage is permitted under IC 20-26-5-4(a)(14).
As added by P.L.2-2006, SEC.163. Amended by P.L.233-2015,
SEC.290.
IC 20-40-12-6
Transfers to fund
Sec. 6. Subject to the approval of the commissioner of insurance,
the governing body of the school corporation may:
(1) transfer to the fund an amount of money in the general fund
budget;
(2) transfer money from the general fund to the fund;
(3) appropriate money from the general fund for the fund; or
(4) transfer money from the capital projects fund to the fund, to
the extent that money in the capital projects fund may be used
for property or casualty insurance.
As added by P.L.2-2006, SEC.163. Amended by P.L.146-2008,
SEC.479.
IC 20-40-12-7
Balance; nonreverting
Sec. 7. Any balance remaining in the fund at the end of the year
does not revert to the general fund.
As added by P.L.2-2006, SEC.163.
IC 20-40-12-8
Compliance with chapter; self-insurance programs
Sec. 8. Subject to IC 20-26-5-4(a)(14) and this chapter and
notwithstanding any other law, a self-insurance program must comply
with this chapter.
As added by P.L.2-2006, SEC.163. Amended by P.L.233-2015,
SEC.291.
IC 20-40-12-9
Appeals
Sec. 9. (a) A self-insurance program must provide for appeals to
a review panel to:
(1) hear complaints; and
(2) resolve concerns;
regarding issues related to coverage, coverage discrimination, and
access under the self-insurance program.
(b) The composition of the review panel under subsection (a):
(1) must reflect the populations covered under the self-insurance
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program;
(2) may include a member representative of each covered
population; and
(3) must maintain a balance of administration and
nonadministration members.
(c) Self-insurance program documents provided to individuals
covered under the self-insurance program must specify the appeal
process, including the name, address, and telephone number of the
individual with whom an appeal may be filed.
As added by P.L.2-2006, SEC.163.
IC 20-40-12-10
Incurred claim basis
Sec. 10. (a) A self-insurance program must be written on an
incurred claims basis.
(b) The governing body must fund a self-insurance program as
described in section 4(2) of this chapter to include coverage for all
eligible incurred claims.
(c) Subject to this chapter and notwithstanding any other law:
(1) contributions made on behalf of individuals covered under
the self-insurance program, including employee and employer
contributions; and
(2) transfers or allocations of funds by a governing body;
for coverage for health care services under a self-insurance program
must be directly deposited into the fund and may not be transferred
to other accounts or expended for any other purpose.
As added by P.L.2-2006, SEC.163.
Indiana Code 2015
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