Jennifer Nelson for www.theindianalawyer.com  

A national fraternity assumed no duty to protect local chapter pledges and is not vicariously liable for the negligence of local chapter officers and representatives, the Indiana Supreme Court ruled Wednesday. The justices affirmed summary judgment for Delta Tau Delta in a wrongful death action brought by a deceased pledge’s family.

Johnny Dupree Smith, a freshman pledge of the Beta Psi Chapter of Delta Tau Delta, died of acute alcohol intoxication after drinking heavily at the fraternity house at Wabash College. His parents sued the national fraternity, the local chapter, Wabash College and others. The trial court granted the national fraternity’s motion for summary judgment, and the Court of Appeals affirmed.

The justices examined the issues brought by Smith’s family in light of its recent decision in Yost v. Wabash College, 3 N.E.3d 509 (Ind. 2014).

The Smiths argued two claims on appeal: that certain evidence designated by Delta Tau Delta should be stricken and there are genuine issues of material fact as to whether the national fraternity assumed a duty to protect the local chapter pledges and whether it is vicariously liable for the negligence of local chapter officers and representatives.

The justices decided that they may consider the affidavit of the executive vice president of the national fraternity but not the purported interview transcripts by police in evaluating Delta Tau Delta’s motion for summary judgment.

The Supreme Court, citing previous cases dealing with national fraternity liability for local chapter activities, including Yost, found there is no designated evidentiary material showing Delta Tau Delta had a right to exercise direct day-to-day oversight and control over the activities of the local fraternity and its members, Chief Justice Brent Dickson wrote. Just as in Yost, the specific duty undertaken in regard to the policies on hazing and underage and irresponsible drinking was an educational one without any power of preventative control.

The justices also found as a matter of law that an agency relationship does not exist between the national fraternity and the Wabash chapter or its members.

“Although subject to remedial sanctions, in their choice of conduct and behavior, the local fraternity and its members were not acting on behalf of the national fraternity and were not subject to its control,” he wrote. “The national fraternity is not subject to vicarious liability for the actions of the local fraternity, its officers or its members.”

The case is Stacy Smith and Robert Smith, Individually and as Co-Personal Representatives of the Estate of Johnny Dupree Smith, Deceased v. Delta Tau Dalta, Inc. and Beta Psi Chapter of Delta Tau Delta, et al., 54S01-1405-CT-356.

By Paige Clark
TheStatehouseFile.com

INDIANAPOLIS – The pre-kindergarten pilot program advocated by Gov. Mike Pence and passed by the General Assembly earlier this year will not be ready to launch this fall.

House Education Chairman Bob Behning, author of the law, said he has recommended the program should start in the fall of 2015.

Gov. Mike Pence signed a bill in March to create a pre-K pilot program as 5-year-old Rosie Chavez and 4-year-old Tre Embry help with the pens that were later given to lawmakers who helped pass the bill. State officials now say the program won’t start this fall. Photo by Lesley Weidenbener, TheStatehouseFile.com
Gov. Mike Pence signed a bill in March to create a pre-K pilot program as 5-year-old Rosie Chavez and 4-year-old Tre Embry help with the pens that were later given to lawmakers who helped pass the bill. State officials now say the program won’t start this fall. Photo by Lesley Weidenbener, TheStatehouseFile.com
And Lou Ann Baker, director of external relations for the Center for Education and Career Innovation, said an executive committee working on the program is very close to determining a timeline. But “given the many parameters, it will not be this fall,” she said.

Behning and some state officials had said in March that the program could be ready as early as August.

But in a statement, the Family and Social Services Administration said the law “includes requirements for a number of items that must be addressed prior to pilot implementation including the procurement of a researcher to conduct the longitudinal child outcome study, the design and implementation of a new kindergarten readiness assessment and the program accountability system, as well as upgrades to IT and staffing infrastructure.”

FSSA said the “rollout date will be announced as soon as it is finalized.”

The bill passed the General Assembly despite initial skepticism from majority Republicans in the Indiana Senate who wanted to study the issue before committing cash to the program. Senate leaders eventually relented – after Pence made repeated trips to preschools to tout the proposal – but forced the governor to find the $10 million for preschool within existing social service programs.

Pence said his administration has already identified the $10 million in savings within the Family and Social Services Administration to fund the pilot.

An executive committee will choose the five counties for the pilot with the goal of picking urban, suburban and rural areas. State officials said the counties will be chosen and announced in the middle of June.

Also, the participating communities have to raise 10-50 percent of the funds from sources outside of the state – in addition to the $10 million Pence was responsible for.

Paige Clark is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

By Seth Morin
TheStatehouseFile.com

INDIANAPOLIS­ – Health professionals and advocates for the poor voiced praise and support for a plan by Gov. Mike Pence to expand the state’s Healthy Indiana Plan to provide more insurance coverage to Hoosiers.

Katherine Wentworth, chief operating officer of MDwise, speaks about the company’s support of the proposed HIP 2.0 at a public hearing on Wednesday in Indianapolis. Photo by Seth Morin, TheStatehouseFile.com
Katherine Wentworth, chief operating officer of MDwise, speaks about the company’s support of the proposed HIP 2.0 at a public hearing on Wednesday in Indianapolis. Photo by Seth Morin, TheStatehouseFile.com
Pence plans to submit the plan – known as HIP 2.0 – by June 30 to federal officials, who will decide whether the state can use the program instead of traditional Medicaid for those poor adults who would otherwise be covered under the Affordable Care Act.

Kristen Metzger, plan president for Indiana Medicaid at Anthem Blue Cross and Blue Shield, said at a public hearing on the plan Wednesday that the company fully supports HIP 2.0 and its design. Metzger reported that nearly 81 percent of people enrolled in the original HIP program said that they were satisfied.

“We have seen positive results,” Metzger said.

Katherine Wentworth, chief operating officer of MDwise, said the company also supports HIP 2.0’s promotion of personal responsibility and consumer-directed principles. Wentworth reported that more than 90 percent of HIP enrollees paid their portion of the contributions on time.

Paul Chase, deputy director for policy and administration at Covering Kids and Families of Indiana, said the group actively supported the original HIP, which launched in 2007 as an insurance program for poor Hoosiers. That was before Congress approved the federal Affordable Care Act.

But federal officials said HIP didn’t comply with the requirements under Obamacare. That led Pence to redesign the program to HIP 2.0.

“We applaud Gov. Pence for this ambitious plan and its approval,” Chase said. “We believe HIP 2.0 is a win-win proposal.”

Federal rules require the state to hold public hearings on the plan before it can be submitted for approval.

The next public hearing on the HIP 2.0 proposal is scheduled for 1 p.m. Thursday at the Indiana Statehouse, Room 156-B. However, people are welcome to send public comments through letter and email until June 21.

The plan would apply to all non-disabled adults ages 19-64, who earn between 23 percent and 138 percent of the federal poverty level. In 2014, that means a maximum income of $16,105 annually for an individual and $32,913 for a family of four.

HIP 2.0 would provide three plans for low-income Hoosiers. The options are meant to be based on personal responsibility and consumer behavior.

Each plan includes a Personal Wellness and Responsibility (POWER) account that helps pay for deductible expenses.

The three plans are: Employer Benefit Link, Plus, and Basic.

The Employer Benefit Link plan provides financial support to members who wish to access employer-sponsored insurance options. The plan gives Hoosiers greater choices and increases access to providers while encouraging the use of existing private insurance options.

Individuals who are deemed eligible can pick an employer-sponsored plan that they think works best for them. The enrollment in this plan is optional.

The Plus plan is a consumer-driven Medicaid alternative for Hoosiers with incomes below 138 percent of the federal poverty level. It is available to all members who make their monthly POWER account contributions, which range from $3-$25 per month.

Members and the state jointly fund a $2,500 POWER account, which members contribute to based on an income scale.

Plus offers enhanced benefits, such as vision and dental services and includes comprehensive prescription drug benefits. It also covers maternity services with no cost-sharing during the duration of the pregnancy.

The Basic plan is the default for Hoosiers that fall below the 100 percent of the federal poverty level and fail to make required POWER account contributions. It requires co-payments for all services.

Basic plan members will use the state-funded POWER account to cover their $2,500 annual deductible. There is a reduced benefit package and a more limited prescription drug benefit.

The basic plan will provide incentives for members to be more cost-conscious and to recommend preventive care services.

Seth Morin is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.