*HB1238.1*
January 18, 2022
HOUSE BILL No. 1238
_____
DIGEST OF HB 1238 (Updated January 18, 2022 11:55 am - DI 137)
Citations Affected: IC 27-1; IC 27-2; IC 27-5.1; IC 27-8; IC 27-13.
Synopsis: Insurance matters. Reduces, from 1% to 0.15%, the lowest
interest rate that an insurer may use in determining the minimum
nonforfeiture amounts for an annuity contract. Provides that, as a
condition of license renewal for a two-year period, a limited lines
producer with a title insurance qualification must complete at least
seven hours of continuing education in any combination of the
following subjects: (1) Ethical practices in the marketing and selling of
title insurance, including provisions of the Dodd-Frank Wall Street
Reform and Consumer Protection Act. (2) Title insurance underwriting.
(3) Escrow matters. (4) Matters concerning regulation by the
department of insurance. (Under current law, a limited lines producer
with a title insurance qualification is required, in completing at least
seven hours of continuing education, to take at least one hour of
instruction in each of four particular subjects.) Adds provision allowing
property and casualty insurance companies to offer commercial
property and casualty insurance on a group basis. Amends the grounds
for cancellation of a policy of insurance to require a substantial change
(Continued next page)
Effective: July 1, 2022.
Lehman, Carbaugh
January 6, 2022, read first time and referred to Committee on Financial Institutions and
Insurance.
January 18, 2022, amended, reported — Do Pass.
HB 1238—LS 7172/DI 137 Digest Continued
in the scale of risk that would cause the policy to fail to meet the
eligibility requirements of the underwriting guidelines. Requires
insurers that rely on external consumer data to provide a consumer,
upon the consumer's written request, with the five most heavily
weighed or primary factors the insurer uses to calculate a premium.
Requires an insurer that takes an adverse action based on external
consumer data to provide the consumer with the five factors that were
the primary influence on the adverse action. Changes the cap on annual
direct written premium to operate as a farm mutual insurance company
from $10,000,000 to $15,000,000. Specifies services to be included as
part of a colorectal cancer screening for policies of accident and
sickness insurance and health maintenance organization contracts.
HB 1238—LS 7172/DI 137HB 1238—LS 7172/DI 137 January 18, 2022
Second Regular Session of the 122nd General Assembly (2022)
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 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1238
A BILL FOR AN ACT to amend the Indiana Code concerning
insurance.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 27-1-12.5-3 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The minimum
3 values as specified in sections 4, 5, 6, 7, and 9 of this chapter of any
4 paid-up annuity, cash surrender or death benefits available under an
5 annuity contract shall be based upon minimum nonforfeiture amounts
6 as defined in this section.
7 (b) With respect to any annuity contract, the minimum nonforfeiture
8 amounts at any time at or prior to the commencement of any annuity
9 payments shall be equal to an accumulation up to such time at an
10 annual rate of interest determined under subsections (d) and (e) of the
11 net considerations as set forth in subsection (c) paid prior to such time,
12 decreased by the sum of the following:
13 (1) Any prior withdrawals from or partial surrenders of the
14 annuity contract accumulated at an annual rate of interest
15 determined under subsections (d) and (e).
16 (2) The amount of any indebtedness to the company on the
17 annuity contract, including interest due and accrued.
HB 1238—LS 7172/DI 137 2
1 (3) An annual contract charge of fifty dollars ($50), accumulated
2 at the annual rate of interest determined under subsections (d) and
3 (e).
4 (c) The net considerations for a given contract year used to define
5 the minimum nonforfeiture amount shall be an amount equal to
6 eighty-seven and one-half percent (87.5%) of the gross considerations
7 credited to the annuity contract during that contract year.
8 (d) Except as provided in subsection (e), the interest rate used in
9 determining minimum nonforfeiture amounts is an annual rate of
10 interest determined under either of the following methods:
11 (1) The five-year constant maturity treasury rate, rounded to the
12 nearest five-hundredths of one percent (0.05%), as reported by the
13 Federal Reserve as of a date specified in the annuity contract.
14 Reduce this amount by one hundred twenty-five (125) basis
15 points.
16 (2) An average of the five-year constant maturity treasury rate as
17 reported by the Federal Reserve, rounded to the nearest
18 five-hundredths of one percent (0.05%), over a specified period
19 as set forth in the annuity contract. Reduce this amount by one
20 hundred twenty-five (125) basis points.
21 The date under subdivision (1) or the average period used under
22 subdivision (2) may not be longer than fifteen (15) months before the
23 annuity contract issue date or the redetermination date as determined
24 under subsection (f).
25 (e) If the rate of interest determined under subsection (d) is:
26 (1) less than one percent (1%), the interest rate used in
27 determining minimum nonforfeiture amounts is fifteen
28 one-hundredths of one percent (1%); (0.15%); or
29 (2) greater than three percent (3%), the interest rate used in
30 determining minimum nonforfeiture amounts is three percent
31 (3%).
32 (f) The interest rate determined under subsections (d) and (e)
33 applies for an initial period and may be redetermined for subsequent
34 periods. The redetermination date, basis, and period, if any, must be
35 specified in the annuity contract. The basis is:
36 (1) the date; or
37 (2) an average calculated over a specified period;
38 that produces the value of the five-year constant maturity treasury rate
39 reported by the Federal Reserve to be used at each redetermination
40 date.
41 (g) During the period or term that an annuity contract provides
42 substantive participation in an equity index benefit, the contract may
HB 1238—LS 7172/DI 137 3
1 increase the basis point reduction described in subsection (d) by not
2 more than an additional one hundred (100) basis points to reflect the
3 value of the equity index benefit. The present value at the annuity
4 contract issue date, and at each redetermination date after the annuity
5 contract issue date, of the additional reduction may not exceed the
6 market value of the benefit. The commissioner may require a
7 demonstration that the present value of the additional reduction does
8 not exceed the market value of the benefit. If the demonstration is not
9 acceptable to the commissioner, the commissioner may disallow or
10 limit the additional reduction.
11 (h) The commissioner may adopt rules under IC 4-22-2 to provide
12 for further adjustments to the calculation of minimum nonforfeiture
13 amounts for:
14 (1) annuity contracts that provide participation in an equity index
15 benefit; and
16 (2) other annuity contracts for which the commissioner
17 determines adjustments are justified.
18 SECTION 2. IC 27-1-15.7-2, AS AMENDED BY P.L.196-2021,
19 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2022]: Sec. 2. (a) Except as provided in subsection (b), to
21 renew a license issued under IC 27-1-15.6, a resident insurance
22 producer must complete at least twenty-four (24) hours of credit in
23 continuing education courses, not more than four (4) hours of which
24 may be in courses concerning one (1) or a combination of the
25 following:
26 (1) Sales promotion.
27 (2) Sales technique.
28 (3) Motivation.
29 (4) Psychology.
30 (5) Time management.
31 If the insurance producer has a qualification described in
32 IC 27-1-15.6-7(a)(1), IC 27-1-15.6-7(a)(2), or IC 27-1-15.6-7(a)(5), for
33 a license renewal that occurs after June 30, 2014, at least three (3) of
34 the hours of credit required by this subsection must be related to ethical
35 practices in the marketing and sale of life, health, or annuity insurance
36 products. An attorney in good standing who is admitted to the practice
37 of law in Indiana and holds a license issued under IC 27-1-15.6 may
38 complete all or any number of hours of continuing education required
39 by this subsection by completing an equivalent number of hours in
40 continuing legal education courses that are related to the business of
41 insurance.
42 (b) Except as provided in subsection (c), to renew a license issued
HB 1238—LS 7172/DI 137 4
1 under IC 27-1-15.6, a limited lines producer with a title qualification
2 under IC 27-1-15.6-7(a)(8) must complete at least seven (7) hours of
3 credit in continuing education courses related to the business of title
4 insurance, with at least one (1) hour of instruction in a structured
5 setting or comparable self-study, in each any of the following or any
6 combination of the following:
7 (1) Ethical practices in the marketing and selling of title
8 insurance, including provisions of the Dodd-Frank Wall Street
9 Reform and Consumer Protection Act set forth in 12 U.S.C.
10 2608.
11 (2) Title insurance underwriting.
12 (3) Escrow issues. matters.
13 (4) Principles of the federal Real Estate Settlement Procedures
14 Act (12 U.S.C. 2608). Matters concerning regulation by the
15 department.
16 An attorney in good standing who is admitted to the practice of law in
17 Indiana and holds a license issued under IC 27-1-15.6 with a title
18 qualification under IC 27-1-15.6-7(a)(8) may complete all or any
19 number of hours of continuing education required by this subsection by
20 completing an equivalent number of hours in continuing legal
21 education courses related to the business of title insurance or any
22 aspect of real property law.
23 (c) The following insurance producers are not required to complete
24 continuing education courses to renew a license under this chapter:
25 (1) A limited lines producer who is licensed without examination
26 under IC 27-1-15.6-18(1).
27 (2) A limited line credit insurance producer.
28 (3) A nonresident limited lines producer with a title qualification:
29 (A) whose home state requires continuing education for a title
30 qualification; and
31 (B) who has met the continuing education requirements
32 described in clause (A).
33 (d) Except as provided in section 2.2 of this chapter, to satisfy the
34 requirements of subsection (a) or (b), a licensee may use only those
35 credit hours earned in continuing education courses completed by the
36 licensee:
37 (1) after the effective date of the licensee's last renewal of a
38 license under this chapter; or
39 (2) if the licensee is renewing a license for the first time, after the
40 date on which the licensee was issued the license under this
41 chapter.
42 (e) If an insurance producer receives qualification for a license in
HB 1238—LS 7172/DI 137 5
1 more than one (1) line of authority under IC 27-1-15.6, the insurance
2 producer may not be required to complete a total of more than
3 twenty-four (24) hours of credit in continuing education courses to
4 renew the license.
5 (f) Except as provided in subsection (g), a licensee may receive
6 credit only for completing the following continuing education courses:
7 (1) Continuing education courses that have been approved by the
8 commissioner under section 4 of this chapter.
9 (2) Continuing education courses that are required for the licensee
10 under IC 27-19-4-14.
11 (g) A licensee who teaches a course approved by the commissioner
12 under section 4 of this chapter shall receive continuing education credit
13 for teaching the course.
14 (h) When a licensee renews a license issued under this chapter, the
15 licensee must submit:
16 (1) a continuing education statement that:
17 (A) is in a format authorized by the commissioner;
18 (B) is signed by the licensee under oath; and
19 (C) lists the continuing education courses completed by the
20 licensee to satisfy the continuing education requirements of
21 this section; and
22 (2) any other information required by the commissioner.
23 (i) A continuing education statement submitted under subsection (h)
24 may be reviewed and audited by the department.
25 (j) A licensee shall retain a copy of the original certificate of
26 completion received by the licensee for completion of a continuing
27 education course.
28 (k) A licensee who completes a continuing education course that:
29 (1) is approved by the commissioner under section 4 of this
30 chapter;
31 (2) is held in a classroom setting; and
32 (3) concerns ethics;
33 shall receive continuing education credit not to exceed four (4) hours
34 in a renewal period.
35 SECTION 3. IC 27-1-30.4 IS ADDED TO THE INDIANA CODE
36 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2022]:
38 Chapter 30.4. Commercial Group Property and Casualty
39 Insurance
40 Sec. 1. As used in this chapter, "property and casualty
41 insurance" means the types of insurance described in IC 27-1-5-1,
42 Class 2 and Class 3.
HB 1238—LS 7172/DI 137 6
1 Sec. 2. As used in this chapter, "property and casualty insurance
2 company" means a company authorized to make one (1) or more
3 types of property or casualty insurance.
4 Sec. 3. An insurer authorized under IC 27-1-3-20 to transact
5 business as a property and casualty insurance company may
6 provide commercial property and casualty insurance coverage on
7 a group basis.
8 Sec. 4. The commissioner may adopt rules under IC 4-22-2 to
9 implement and administer this chapter.
10 SECTION 4. IC 27-1-31-2, AS AMENDED BY P.L.196-2021,
11 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2022]: Sec. 2. (a) An insurer may not cancel a policy of
13 insurance that the insurer has written that has been in effect more than
14 ninety (90) days unless:
15 (1) the insured under the policy has failed to pay the premium;
16 (2) there is a substantial change in the scale of risk covered by the
17 policy that would cause the policy to fail to meet the eligibility
18 requirements of the insurer's underwriting guidelines;
19 (3) the insured has perpetrated a fraud or material
20 misrepresentation upon the insurer;
21 (4) the insured has failed to comply with reasonable safety
22 recommendations; or
23 (5) reinsurance of the risk associated with the policy has been
24 cancelled.
25 (b) An insurer shall mail a written notice of cancellation to a person
26 insured under a policy issued by the insurer at least:
27 (1) forty-five (45) days before cancelling the policy for any reason
28 set forth in subsection (a)(2), (a)(4), or (a)(5);
29 (2) twenty (20) days before cancelling the policy for the reason set
30 forth in subsection (a)(3); or
31 (3) ten (10) days before cancelling the policy for the reason set
32 forth in subsection (a)(1).
33 SECTION 5. IC 27-2-21-9.5 IS ADDED TO THE INDIANA CODE
34 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
35 1, 2022]: Sec. 9.5. As used in this chapter, "external consumer
36 data" means data or information that is obtained from an external
37 source and used by an insurer to supplement traditional
38 underwriting.
39 SECTION 6. IC 27-2-21-19.5 IS ADDED TO THE INDIANA
40 CODE AS A NEW SECTION TO READ AS FOLLOWS
41 [EFFECTIVE JULY 1, 2022]: Sec. 19.5. (a) If an insurer uses
42 external consumer data to underwrite and rate risks, the insurer,
HB 1238—LS 7172/DI 137 7
1 upon a written request by a consumer, must disclose to the
2 consumer the five (5) most heavily weighed or primary factors the
3 insurer uses in calculating a premium.
4 (b) If an insurer takes an adverse action based on external
5 consumer data, the insurer must provide notice to the consumer
6 explaining the reason for the adverse action. The notice must
7 include:
8 (1) sufficiently clear and specific language so the consumer is
9 able to identify the basis for the insurer's decision to take an
10 adverse action; and
11 (2) the five (5) factors that were the primary influences on the
12 adverse action.
13 SECTION 7. IC 27-5.1-2-6 IS AMENDED TO READ AS
14 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 6. A farm mutual
15 insurance company with an annual direct written premium of more than
16 ten million dollars ($10,000,000) fifteen million dollars ($15,000,000)
17 may not function as a farm mutual insurance company and shall be
18 regulated as a domestic mutual insurance company described in
19 IC 27-1-6-15.
20 SECTION 8. IC 27-8-14.8-3, AS AMENDED BY P.L.36-2020,
21 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2022]: Sec. 3. (a) As used in this section, "follow-up
23 colonoscopy" means a colonoscopy that is performed as a
24 follow-up to a colorectal cancer screening test, other than a
25 colonoscopy, that is assigned a grade of "A" or "B" by the United
26 States Preventive Services Task Force and for which the result was
27 positive.
28 (a) (b) Except as provided in subsection (d), (e), an insurer shall
29 provide coverage for colorectal cancer examinations and laboratory
30 tests for cancer for any nonsymptomatic insured in any accident and
31 sickness insurance policy that the insurer issues in Indiana or issues for
32 delivery in Indiana. Except as provided in subsection (f), covered
33 services must include:
34 (1) a colorectal cancer screening test assigned either an "A"
35 or "B" grade by the United States Preventive Services Task
36 Force; and
37 (2) a follow-up colonoscopy.
38 (b) (c) For an insured who is:
39 (1) at least forty-five (45) years of age; or
40 (2) less than forty-five (45) years of age and at high risk for
41 colorectal cancer;
42 the coverage required under this section must meet the requirements set
HB 1238—LS 7172/DI 137 8
1 forth in subsection (c), (d), except as provided in subsection (e). (f).
2 (c) (d) An insured may not be required to pay an additional annual
3 deductible or coinsurance for the colorectal cancer examination and
4 laboratory testing benefit required by this section that is greater than an
5 annual deductible or coinsurance established for similar benefits under
6 the accident and sickness insurance policy under which the insured is
7 covered. If the accident and sickness insurance policy does not cover
8 a similar benefit, a deductible or coinsurance for the colorectal cancer
9 examination and laboratory testing benefit may not be set at a level that
10 materially diminishes the value of the colorectal cancer examination
11 and laboratory testing benefit.
12 (d) (e) In the case of an accident and sickness insurance policy that
13 is not employer based, the insurer shall offer to provide the coverage
14 described in this section.
15 (e) (f) The requirements imposed under this section do not apply to
16 A high deductible health plan, as defined by Section 223 of the Internal
17 Revenue Code, High deductible health plans described in this
18 subsection may not excuse may impose a deductible requirement with
19 respect to colorectal cancer screening in a manner for a follow-up
20 colonoscopy if the requirements imposed under subsection (b)(2)
21 would be inconsistent with Section 223(c)(2)(C) of the Internal
22 Revenue Code.
23 SECTION 9. IC 27-13-7-17, AS AMENDED BY P.L.36-2020,
24 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 17. (a) As used in this section, "colorectal cancer
26 testing" means examinations and laboratory tests for cancer for any
27 nonsymptomatic enrollee.
28 (b) As used in this section, "follow-up colonoscopy" means a
29 colonoscopy that is performed as a follow-up to a colorectal cancer
30 screening test, other than a colonoscopy, that is assigned a grade of
31 "A" or "B" by the United States Preventive Services Task Force
32 and for which the result was positive.
33 (b) (c) Except as provided in subsection (e), (f), a health
34 maintenance organization issued a certificate of authority in Indiana
35 shall provide colorectal cancer testing, including:
36 (1) a colorectal cancer screening test assigned either an "A"
37 or "B" grade by the United States Preventive Services Task
38 Force; and
39 (2) a follow-up colonoscopy.
40 as a covered service under every group contract that provides coverage
41 for basic health care services.
42 (c) (d) For an enrollee who is:
HB 1238—LS 7172/DI 137 9
1 (1) at least forty-five (45) years of age; or
2 (2) less than forty-five (45) years of age and at high risk for
3 colorectal cancer;
4 the colorectal cancer testing required under this section must meet the
5 requirements set forth in subsection (d), (e), except as provided in
6 subsection (f). (g).
7 (d) (e) An enrollee may not be required to pay a copayment for the
8 colorectal cancer testing benefit required by this section that is greater
9 than a copayment established for similar benefits under the group
10 contract under which the enrollee is entitled to services. If the group
11 contract does not cover a similar covered service, the copayment for the
12 colorectal cancer testing benefit may not be set at a level that materially
13 diminishes the value of the colorectal cancer testing benefit.
14 (e) (f) In the case of coverage that is not employer based, the health
15 maintenance organization is required only to offer to provide colorectal
16 cancer testing as a covered service under a proposed group contract
17 providing coverage for basic health care services.
18 (f) (g) The requirements imposed under this section do not apply to
19 A high deductible health plan, as defined by Section 223 of the Internal
20 Revenue Code, High deductible health plans described in this
21 subsection may not excuse may impose a deductible requirement with
22 respect to colorectal cancer screening in a manner for a follow-up
23 colonoscopy if the requirements imposed under subsection (c)(2)
24 would be inconsistent with Section 223(c)(2)(C) of the Internal
25 Revenue Code.
HB 1238—LS 7172/DI 137 10
COMMITTEE REPORT
Mr. Speaker: Your Committee on Financial Institutions and
Insurance, to which was referred House Bill 1238, has had the same
under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
Page 4, delete lines 33 through 35.
Page 5, between lines 37 and 38, begin a new paragraph and insert:
"SECTION 3. IC 27-1-30.4 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]:
Chapter 30.4. Commercial Group Property and Casualty
Insurance
Sec. 1. As used in this chapter, "property and casualty
insurance" means the types of insurance described in IC 27-1-5-1,
Class 2 and Class 3.
Sec. 2. As used in this chapter, "property and casualty insurance
company" means a company authorized to make one (1) or more
types of property or casualty insurance.
Sec. 3. An insurer authorized under IC 27-1-3-20 to transact
business as a property and casualty insurance company may
provide commercial property and casualty insurance coverage on
a group basis.
Sec. 4. The commissioner may adopt rules under IC 4-22-2 to
implement and administer this chapter.".
Page 6, delete lines 41 through 42, begin a new paragraph and
insert:
"SECTION 7. IC 27-5.1-2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 6. A farm mutual
insurance company with an annual direct written premium of more than
ten million dollars ($10,000,000) fifteen million dollars ($15,000,000)
may not function as a farm mutual insurance company and shall be
regulated as a domestic mutual insurance company described in
IC 27-1-6-15.".
Delete pages 7 through 8.
Page 9, delete lines 1 through 21, begin a new paragraph and insert:
"SECTION 8. IC 27-8-14.8-3, AS AMENDED BY P.L.36-2020,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. (a) As used in this section, "follow-up
colonoscopy" means a colonoscopy that is performed as a
follow-up to a colorectal cancer screening test, other than a
colonoscopy, that is assigned a grade of "A" or "B" by the United
States Preventive Services Task Force and for which the result was
HB 1238—LS 7172/DI 137 11
positive.
(a) (b) Except as provided in subsection (d), (e), an insurer shall
provide coverage for colorectal cancer examinations and laboratory
tests for cancer for any nonsymptomatic insured in any accident and
sickness insurance policy that the insurer issues in Indiana or issues for
delivery in Indiana. Except as provided in subsection (f), covered
services must include:
(1) a colorectal cancer screening test assigned either an "A"
or "B" grade by the United States Preventive Services Task
Force; and
(2) a follow-up colonoscopy.
(b) (c) For an insured who is:
(1) at least forty-five (45) years of age; or
(2) less than forty-five (45) years of age and at high risk for
colorectal cancer;
the coverage required under this section must meet the requirements set
forth in subsection (c), (d), except as provided in subsection (e). (f).
(c) (d) An insured may not be required to pay an additional annual
deductible or coinsurance for the colorectal cancer examination and
laboratory testing benefit required by this section that is greater than an
annual deductible or coinsurance established for similar benefits under
the accident and sickness insurance policy under which the insured is
covered. If the accident and sickness insurance policy does not cover
a similar benefit, a deductible or coinsurance for the colorectal cancer
examination and laboratory testing benefit may not be set at a level that
materially diminishes the value of the colorectal cancer examination
and laboratory testing benefit.
(d) (e) In the case of an accident and sickness insurance policy that
is not employer based, the insurer shall offer to provide the coverage
described in this section.
(e) (f) The requirements imposed under this section do not apply to
A high deductible health plan, as defined by Section 223 of the Internal
Revenue Code, High deductible health plans described in this
subsection may not excuse may impose a deductible requirement with
respect to colorectal cancer screening in a manner for a follow-up
colonoscopy if the requirements imposed under subsection (b)(2)
would be inconsistent with Section 223(c)(2)(C) of the Internal
Revenue Code.
SECTION 9. IC 27-13-7-17, AS AMENDED BY P.L.36-2020,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 17. (a) As used in this section, "colorectal cancer
testing" means examinations and laboratory tests for cancer for any
HB 1238—LS 7172/DI 137 12
nonsymptomatic enrollee.
(b) As used in this section, "follow-up colonoscopy" means a
colonoscopy that is performed as a follow-up to a colorectal cancer
screening test, other than a colonoscopy, that is assigned a grade of
"A" or "B" by the United States Preventive Services Task Force
and for which the result was positive.
(b) (c) Except as provided in subsection (e), (f), a health
maintenance organization issued a certificate of authority in Indiana
shall provide colorectal cancer testing, including:
(1) a colorectal cancer screening test assigned either an "A"
or "B" grade by the United States Preventive Services Task
Force; and
(2) a follow-up colonoscopy.
as a covered service under every group contract that provides coverage
for basic health care services.
(c) (d) For an enrollee who is:
(1) at least forty-five (45) years of age; or
(2) less than forty-five (45) years of age and at high risk for
colorectal cancer;
the colorectal cancer testing required under this section must meet the
requirements set forth in subsection (d), (e), except as provided in
subsection (f). (g).
(d) (e) An enrollee may not be required to pay a copayment for the
colorectal cancer testing benefit required by this section that is greater
than a copayment established for similar benefits under the group
contract under which the enrollee is entitled to services. If the group
contract does not cover a similar covered service, the copayment for the
colorectal cancer testing benefit may not be set at a level that materially
diminishes the value of the colorectal cancer testing benefit.
(e) (f) In the case of coverage that is not employer based, the health
maintenance organization is required only to offer to provide colorectal
cancer testing as a covered service under a proposed group contract
providing coverage for basic health care services.
(f) (g) The requirements imposed under this section do not apply to
A high deductible health plan, as defined by Section 223 of the Internal
Revenue Code, High deductible health plans described in this
subsection may not excuse may impose a deductible requirement with
respect to colorectal cancer screening in a manner for a follow-up
colonoscopy if the requirements imposed under subsection (c)(2)
would be inconsistent with Section 223(c)(2)(C) of the Internal
Revenue Code.".
HB 1238—LS 7172/DI 137 13
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1238 as introduced.)
CARBAUGH
Committee Vote: yeas 12, nays 0.
HB 1238—LS 7172/DI 137