Ind. Code ch. 16-46-10

in effect

Ind. Code § 16-46-10-0.5 "Local board of health"

Sec. 0.5. As used in this chapter, "local board of health" means a board established under IC 16-20-2, IC 16-20-3, IC 16-20-4, or IC 16-22-8. As added by P.L.164-2023, SEC.38.

Ind. Code § 16-46-10-1 Establishment of fund

Sec. 1. (a) The local public health fund is established for the purpose of providing local boards of health with funds as provided in sections 2.1 through 2.3 of this chapter to provide public health services. The fund shall be administered by the state department and consists of: (1) appropriations by the general assembly; (2) penalties paid and deposited in the fund under IC 6-8-11-17; and (3) amounts, if any, that another statute requires to be distributed to the fund from the Indiana tobacco master settlement agreement fund. (b) The expenses of administering the fund shall be paid from money in the fund. (c) 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 other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund. As added by P.L.82-1993, SEC.3. Amended by P.L.92-1995, SEC.3; P.L.164-2023, SEC.39.

Ind. Code § 16-46-10-1.5 Local public health services fund; use

Sec. 1.5. (a) Each county shall establish a separate fund known as the local public health services fund to receive local board of health funding under this chapter. (b) Money disbursed under this chapter may only be deposited in the local public health services fund established under this section. (c) The fund may be used only for appropriating money and allocating expenditures for the purposes described in section 3 of this chapter. As added by P.L.164-2023, SEC.40.

Ind. Code § 16-46-10-2 Repealed

As added by P.L.82-1993, SEC.3. Repealed by P.L.56-2023, SEC.346 and P.L.164-2023, SEC.41.

Ind. Code § 16-46-10-2.1 Funding

Sec. 2.1. (a) The state department shall provide funding each year from the local public health fund to each local board of health in accordance with this chapter. (b) If a county has more than one (1) local health department, the state department shall determine the county's share of funding and distribute the funds to the county. (c) For purposes of determining the amount of funding in the case of a multiple county board of health, the state department shall regard each county as a separate county. (d) A local board of health may only receive funding under section 2.2 or 2.3 of this chapter. Funding received under this chapter must be deposited in the county's local public health services fund established under section 1.5 of this chapter. As added by P.L.164-2023, SEC.42.

Ind. Code § 16-46-10-2.2 Funding requirements; amount; county executive duties; financial report; disbursement; ordinance; posting of positions; voting to stop funding

Sec. 2.2. (a) This section applies for purposes of funding beginning in the state fiscal year beginning July 1, 2023, and in each state fiscal year thereafter. (b) For purposes of this section, "SVI" means the federal Centers for Disease Control and Prevention and the federal Agency for Toxic Substances and Disease Registry social vulnerability index. (c) In order for a local board of health to be eligible to receive funding under this section, the following requirements must be met: (1) The county executive must vote to accept additional funding and to provide core public health services in the county described in subsection (e). (2) The county must provide a maintenance of effort each year according to the following: (A) In the first year a local board of health receives funds under this section, the county shall distribute funds to the local board of health in an amount that equals the average amount of funds distributed to the local board of health by the county in the immediately preceding three (3) years. (B) In each year after the first year a local board of health receives funds under this section, the county must provide an amount of funding equal to the amount determined in the last STEP of the following STEPS: STEP ONE: Determine the amount of funding the local board of health is eligible to receive under subsection (d)(1)(A) for the year. STEP TWO: Multiply the STEP ONE result by one and twenty-five hundredths (1.25). STEP THREE: Subtract the STEP ONE result from the STEP TWO result. (C) The local health funding provided by a county under clauses (A) and (B) may only consist of funds attributable to taxes and miscellaneous revenue that is deposited in the county health fund, and may not include fees collected by the local health department, federal funds, or private funds. (3) The local board of health: (A) shall ensure that the core public health services are provided in the county in accordance with the financial report required by subsection (f); and (B) may employ: (i) one (1) full-time public health nurse; (ii) one (1) full-time or part-time school liaison; and (iii) one (1) part-time preparedness employee. A school liaison may be employed to partner with schools and school nurses, upon the request of a school corporation, to develop education programming concerning only nutrition, physical activity, drug prevention, tobacco and nicotine prevention and cessation, required school hearing and vision screening, dental hygiene and oral health, and first aid training. (d) Subject to subsection (f), and subject to state appropriations, the amount of funding for which a local board of health is eligible under this section is the sum of the following: (1) A base amount equal to the greater of: (A) twenty-six dollars ($26) per capita; or (B) in the case of a county having a population: (i) greater than fifteen thousand (15,000), a minimum of four hundred fifty thousand dollars ($450,000); (ii) greater than ten thousand (10,000), and less than fifteen thousand (15,000), a minimum of four hundred thousand dollars ($400,000); and (iii) less than ten thousand (10,000), a minimum of three hundred fifty thousand dollars ($350,000). (2) In the case of a county in the highest quartile SVI or an average county life expectancy of more than two (2) years less than the statewide average life expectancy, in addition to the amount under subdivision (1), an additional five dollars ($5) per capita. (3) In the case of a county in the second highest quartile SVI or an average county life expectancy that is one (1) year or two (2) years less than the statewide average life expectancy, in addition to the amount under subdivision (1), an additional three dollars ($3) per capita. (e) A county executive that votes to accept funding described in subsection (d) shall, in collaboration with the local health board, do the following: (1) Collaborate with local entities to identify gaps in core public health services within the county. (2) Develop a health plan for the county. (3) Prepare a budget, for approval by the county fiscal body, for the use of additional funding provided under this section, including determining which core public health services are to be provided through contracts or grants with the additional funding to local entities. (f) Subject to section 3.5 of this chapter, before the first year that a local board of health wishes to receive funding under this section, the local board of health shall submit, not later than September 1, a financial report to the state department with a proposed spending plan and any additional information required by the state department. Subject to section 3.5 of this chapter, not later than June 1 of each year after the first year in which a local board of health receives funding under this section, the local board of health shall submit a financial report to the state department with an accounting of how funds were spent the previous year, a proposed spending plan for the upcoming year, and any additional information required by the state department. The financial report must be in a manner prescribed by the state department. The report shall be submitted to the state budget committee each year. State budget committee review must occur prior to the distribution of funding awards to counties provided under subsections (e) and (h). (g) The county fiscal body shall work with the local board of health in the preparation and submission of a report required under subsection (f). (h) For counties with a city health department established under IC 16-20-4-3, funding under this section shall be disbursed to the county health department. The county fiscal body and the city fiscal body shall, in good faith, enter into an interlocal agreement, in a manner prescribed by the state department, to determine the amount of funding to be disbursed to the city health department. The county health department and the city health department shall submit a joint plan to the state department that demonstrates the core public health services that will be provided by each in serving the county. (i) The county fiscal body may adopt an ordinance to allocate the funds received under subsection (h). The ordinance must provide that each local board of health in the county may receive an allocation of funds received under this section. The county fiscal body shall file a copy of the ordinance with the state department before May 1 of each year. (j) For counties that have an existing health department cooperative that was formed by an interlocal cooperative agreement before December 31, 2022, and as authorized by IC 36-1-7, funding under this section shall be disbursed to the health department cooperative. The health department cooperative shall follow the same rules and guidelines that are required by the local board of health under this section. (k) Before funds may be used to hire or contract for the provision or administration of core public health services, the local health department shall post the position or contract to the public for at least thirty (30) days. (l) A county executive may vote to stop accepting funding under this section at any time. As added by P.L.164-2023, SEC.43. Amended by P.L.9-2024, SEC.381.

Ind. Code § 16-46-10-2.3 Applicability; funding; financial report

Sec. 2.3. (a) This section applies: (1) for purposes of funding beginning in the state fiscal year beginning July 1, 2023, and in each state fiscal year thereafter; and (2) to a local board of health that does not receive funding under section 2.2 of this chapter. (b) A local board of health receiving funding under this section shall, subject to state appropriations, receive an amount of state funds equal to the allocation of state funds the county received in state fiscal year 2023 from the state department through the local health maintenance fund (as it existed in state fiscal year 2023) and the Indiana local health department trust account (before its repeal). The state budget committee shall receive a report of annual funding amounts for each county under this section each year. (c) Before the first year that a local board of health wishes to receive funding under this section, the local board of health shall submit, not later than June 1, a financial report to the state department with a proposed spending plan and any additional information required by the state department. Not later than June 1 of each year after the first year in which a local board of health receives funding under this section, the local board of health shall submit a financial report to the state department with an accounting of how funds were spent the previous year, a proposed spending plan for the upcoming year, and any additional information required by the state department. The financial report must be submitted in a manner prescribed by the state department. The state department may extend the deadline for filing a financial report under this subsection upon a showing of good cause by the local board of health. The report shall be submitted to the state budget committee each year. As added by P.L.164-2023, SEC.44.

Ind. Code § 16-46-10-2.4 Allocation of money; calculation of remaining funds

Sec. 2.4. Not later than January 1 of each year, the state department shall, subject to state appropriations: (1) allocate money under sections 2.2 and 2.3 of this chapter to each eligible local public health fund; and (2) determine the amount of money under sections 2.2 and 2.3 of this chapter that remains after all allocations have been completed under subdivision (1). As added by P.L.164-2023, SEC.45.

Ind. Code § 16-46-10-2.5 Report

Sec. 2.5. Not later than November 1 of each year, the state department shall submit a report to the department of local government finance including all state funds approved for local health departments under this chapter in the previous year. As added by P.L.164-2023, SEC.46.

Ind. Code § 16-46-10-2.6 Distribution of city health department funding

Sec. 2.6. For counties with a city health department established under IC 16-20-4-3, funding of the city health department shall be determined based on a per capita amount as provided in section 2.2(d) of this chapter. The county fiscal body and city fiscal body shall enter into an interlocal agreement solely for the purpose of distributing the city health department's total amount of the city health department's per capita share of funding. The county shall distribute the city health department's per capita share not later than five (5) days after the date funds are received from the state department. As added by P.L.201-2023, SEC.151.

Ind. Code § 16-46-10-3 Use of funds; limitations on capital expenditures; reporting; posting of positions

Sec. 3. (a) Funding provided a local board of health under section 2.2 or 2.3 of this chapter may be used by the local board to provide any of the following services: (1) Core public health services. (2) Any statutorily required actions for a local health department. (3) Evidence based programs to prevent or reduce the prevalence of health issues or improve the health and behavioral health of Indiana residents as outlined in the plan described in IC 16-30-3-2. (b) Money granted a local board of health from the local public health fund may not be used for any purpose other than for the services listed in this section. (c) A county may not use more than ten percent (10%) of the funds received under section 2.2 or 2.3 of this chapter during a fiscal year for capital expenditures, including: (1) the purchase, construction, or renovation of buildings or other structures; (2) land acquisition; and (3) the purchase of vehicles and other transportation equipment. (d) Funds used for capital expenditures under subsection (c) must be included on the annual financial report required under section 2.2(f) or 2.3(c) of this chapter and posted on the local health department's website. (e) Before funds may be used to hire or contract for the provision or administration of core public health services, the local health department shall post the position or contract to the public for at least thirty (30) days. (f) Funds may only be used for Indiana residents who are lawfully present in the United States. As added by P.L.82-1993, SEC.3. Amended by P.L.164-2023, SEC.47; P.L.213-2025, SEC.155; P.L.230-2025, SEC.130.

Ind. Code § 16-46-10-3.5 Joint financial report

Sec. 3.5. (a) If two (2) or more local boards of health cooperate in providing any of the services described in section 3 of this chapter, those local boards of health shall file a joint financial report as described in section 2.2(f) of this chapter that must be approved by the state department. The joint financial report must include the following: (1) The services to be provided under the joint financial report. (2) The cost of each service to be provided under the joint financial report. (3) The percentage of the total cost of services to be provided under the joint financial report by each local board of health. (b) The report shall be submitted to the state budget committee each year. As added by P.L.164-2023, SEC.48.

Ind. Code § 16-46-10-4 Provision of services without cost to recipient; assignment of insurance rights; ordinance; use of fees

Sec. 4. (a) Except as provided in subsections (b) and (c), the services funded under this chapter shall be provided without cost to a recipient. (b) If a recipient has insurance or any type of public indemnification that would in part pay for any services funded under this chapter, then the recipient shall assign the recipient's rights to that insurance or public indemnification to the local board of health. The insurer, upon notification from the local board of health, shall pay for those services covered under that recipient's insurance policy or public indemnification. (c) The legislative body of the unit in which a local board of health has jurisdiction may adopt an ordinance that requires the local board of health to do either or both of the following: (1) Charge individuals for services on a sliding fee schedule based on income that is adopted by the state board under rules adopted under IC 4-22-2. (2) Charge corporations, partnerships, and other commercial concerns for services funded under this chapter. (d) The fees for services collected under subsections (b) and (c) shall be used only for public health purposes and shall be used in addition to, and not in place of, funds allocated for public health purposes before the ordinance described in subsection (c) became effective. As added by P.L.82-1993, SEC.3. Amended by P.L.164-2023, SEC.49.

Ind. Code § 16-46-10-5 Adoption of rules by state board

Sec. 5. The state board shall adopt rules under IC 4-22-2 necessary to carry out this chapter. As added by P.L.82-1993, SEC.3.

Ind. Code § 16-46-10-6 Eligibility for funding; notice of noncompliance; demonstration of compliance; suspension; report

Sec. 6. To remain eligible for funding under this chapter, a local board of health must maintain compliance with the financial report submitted under section 2.2 or 2.3 of this chapter, as applicable, and any other reporting requirements under this title. If the state department determines there are reasonable grounds to believe that a local board of health is not complying with: (1) the local board of health's financial report; (2) statutory directives; or (3) rules adopted by the state department; the state department shall provide written notice of noncompliance to the local board of health, county executive, county fiscal body, and local health department administrator. The local board of health shall have at least thirty (30) days to demonstrate compliance or provide a plan for compliance that is approved by the state department. If, after thirty (30) days, the local board of health has not demonstrated compliance or provided a plan for compliance, the state department may suspend funding under this chapter for the local board of health until compliance is achieved, as determined by the state department. The state department shall report to the state budget committee each local board's funding that is suspended under this section within thirty (30) days of the suspension. As added by P.L.164-2023, SEC.50.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026