1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1114 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 5-10-8; IC 27-8; IC 27-13-7. |
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7 | 7 | | Synopsis: Coverage for cancer screening and prescriptions. Requires |
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8 | 8 | | a state employee health plan to cover supplemental breast |
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9 | 9 | | examinations. Requires a policy of accident and sickness insurance and |
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10 | 10 | | a health maintenance organization to cover diagnostic breast |
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11 | 11 | | examinations and supplemental breast examinations. Provides that the |
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12 | 12 | | coverage of diagnostic breast examinations and supplemental breast |
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13 | 13 | | examinations may not be subject to any cost sharing requirements. |
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14 | 14 | | Prohibits a state employee health plan, a policy of accident and |
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15 | 15 | | sickness insurance, and a health maintenance organization that |
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16 | 16 | | provides coverage for advanced, metastatic cancer and associated |
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17 | 17 | | conditions from requiring that, before providing coverage of a |
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18 | 18 | | prescription drug, the insured fail to successfully respond to a different |
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19 | 19 | | prescription drug or prove a history of failure of a different prescription |
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20 | 20 | | drug. |
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21 | 21 | | Effective: July 1, 2024. |
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22 | 22 | | Pryor |
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23 | 23 | | January 8, 2024, read first time and referred to Committee on Insurance. |
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24 | 24 | | 2024 IN 1114—LS 6439/DI 141 Introduced |
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25 | 25 | | Second Regular Session of the 123rd General Assembly (2024) |
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26 | 26 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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27 | 27 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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28 | 28 | | additions will appear in this style type, and deletions will appear in this style type. |
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29 | 29 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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30 | 30 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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31 | 31 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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32 | 32 | | a new provision to the Indiana Code or the Indiana Constitution. |
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33 | 33 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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34 | 34 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
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35 | 35 | | HOUSE BILL No. 1114 |
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36 | 36 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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37 | 37 | | insurance. |
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38 | 38 | | Be it enacted by the General Assembly of the State of Indiana: |
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39 | 39 | | 1 SECTION 1. IC 5-10-8-7.2, AS AMENDED BY P.L.56-2023, |
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40 | 40 | | 2 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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41 | 41 | | 3 JULY 1, 2024]: Sec. 7.2. (a) As used in this section, "breast cancer |
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42 | 42 | | 4 diagnostic service" means a procedure intended to aid in the diagnosis |
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43 | 43 | | 5 of breast cancer. The term includes procedures performed on an |
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44 | 44 | | 6 inpatient basis and procedures performed on an outpatient basis, |
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45 | 45 | | 7 including the following: |
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46 | 46 | | 8 (1) Breast cancer screening mammography. |
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47 | 47 | | 9 (2) Surgical breast biopsy. |
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48 | 48 | | 10 (3) Pathologic examination and interpretation. |
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49 | 49 | | 11 (b) As used in this section, "breast cancer outpatient treatment |
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50 | 50 | | 12 services" means procedures that are intended to treat cancer of the |
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51 | 51 | | 13 human breast and that are delivered on an outpatient basis. The term |
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52 | 52 | | 14 includes the following: |
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53 | 53 | | 15 (1) Chemotherapy. |
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54 | 54 | | 16 (2) Hormonal therapy. |
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55 | 55 | | 17 (3) Radiation therapy. |
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56 | 56 | | 2024 IN 1114—LS 6439/DI 141 2 |
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57 | 57 | | 1 (4) Surgery. |
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58 | 58 | | 2 (5) Other outpatient cancer treatment services prescribed by a |
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59 | 59 | | 3 physician. |
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60 | 60 | | 4 (6) Medical follow-up services related to the procedures set forth |
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61 | 61 | | 5 in subdivisions (1) through (5). |
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62 | 62 | | 6 (c) As used in this section, "breast cancer rehabilitative services" |
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63 | 63 | | 7 means procedures that are intended to improve the results of or to |
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64 | 64 | | 8 ameliorate the debilitating consequences of the treatment of breast |
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65 | 65 | | 9 cancer and that are delivered on an inpatient or outpatient basis. The |
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66 | 66 | | 10 term includes the following: |
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67 | 67 | | 11 (1) Physical therapy. |
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68 | 68 | | 12 (2) Psychological and social support services. |
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69 | 69 | | 13 (3) Reconstructive plastic surgery. |
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70 | 70 | | 14 (d) As used in this section, "breast cancer screening mammography" |
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71 | 71 | | 15 means a standard, two (2) view per breast, low-dose radiographic |
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72 | 72 | | 16 examination of the breasts that is: |
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73 | 73 | | 17 (1) furnished to an asymptomatic woman; and |
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74 | 74 | | 18 (2) performed by a mammography services provider using |
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75 | 75 | | 19 equipment designed by the manufacturer for and dedicated |
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76 | 76 | | 20 specifically to mammography in order to detect unsuspected |
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77 | 77 | | 21 breast cancer. |
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78 | 78 | | 22 The term includes the interpretation of the results of a breast cancer |
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79 | 79 | | 23 screening mammography by a physician. |
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80 | 80 | | 24 (e) As used in this section, "cost sharing requirements" means: |
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81 | 81 | | 25 (1) a deductible; |
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82 | 82 | | 26 (2) coinsurance; |
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83 | 83 | | 27 (3) a copayment; and |
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84 | 84 | | 28 (4) any maximum limitation on the application of a |
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85 | 85 | | 29 deductible, coinsurance, copayment, or similar out-of-pocket |
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86 | 86 | | 30 expense. |
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87 | 87 | | 31 (e) (f) As used in this section, "covered individual" means a female |
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88 | 88 | | 32 individual who is: |
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89 | 89 | | 33 (1) covered under a self-insurance program established under |
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90 | 90 | | 34 section 7(b) of this chapter to provide group health coverage; or |
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91 | 91 | | 35 (2) entitled to services under a contract with a health maintenance |
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92 | 92 | | 36 organization (as defined in IC 27-13-1-19) that is entered into or |
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93 | 93 | | 37 renewed under section 7(c) of this chapter. |
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94 | 94 | | 38 (f) (g) As used in this section, "mammography services provider" |
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95 | 95 | | 39 means an individual or facility that: |
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96 | 96 | | 40 (1) has been accredited by the American College of Radiology; |
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97 | 97 | | 41 (2) meets equivalent guidelines established by the Indiana |
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98 | 98 | | 42 department of health; or |
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99 | 99 | | 2024 IN 1114—LS 6439/DI 141 3 |
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100 | 100 | | 1 (3) is certified by the federal Department of Health and Human |
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101 | 101 | | 2 Services for participation in the Medicare program (42 U.S.C. |
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102 | 102 | | 3 1395 et seq.). |
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103 | 103 | | 4 (h) As used in this section, "supplemental breast examination" |
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104 | 104 | | 5 means a medically necessary and appropriate examination of the |
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105 | 105 | | 6 breast, including an examination using breast cancer screening |
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106 | 106 | | 7 mammography, breast magnetic resonance imaging, or ultrasound |
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107 | 107 | | 8 services, that is: |
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108 | 108 | | 9 (1) used to screen for breast cancer when there is no |
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109 | 109 | | 10 abnormality seen or detected; and |
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110 | 110 | | 11 (2) based on: |
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111 | 111 | | 12 (A) personal or family medical history; or |
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112 | 112 | | 13 (B) additional factors; |
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113 | 113 | | 14 that may increase the covered individual's risk of breast |
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114 | 114 | | 15 cancer. |
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115 | 115 | | 16 (g) (i) As used in this section, "woman at risk" means a woman who |
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116 | 116 | | 17 meets at least one (1) of the following descriptions: |
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117 | 117 | | 18 (1) A woman who has a personal history of breast cancer. |
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118 | 118 | | 19 (2) A woman who has a personal history of breast disease that |
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119 | 119 | | 20 was proven benign by biopsy. |
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120 | 120 | | 21 (3) A woman whose mother, sister, or daughter has had breast |
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121 | 121 | | 22 cancer. |
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122 | 122 | | 23 (4) A woman who is at least thirty (30) years of age and has not |
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123 | 123 | | 24 given birth. |
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124 | 124 | | 25 (h) (j) A self-insurance program established under section 7(b) of |
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125 | 125 | | 26 this chapter to provide health care coverage must provide covered |
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126 | 126 | | 27 individuals with coverage for breast cancer diagnostic services, breast |
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127 | 127 | | 28 cancer outpatient treatment services, and breast cancer rehabilitative |
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128 | 128 | | 29 services. The coverage must provide reimbursement for breast cancer |
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129 | 129 | | 30 screening mammography at a level at least as high as: |
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130 | 130 | | 31 (1) the limitation on payment for screening mammography |
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131 | 131 | | 32 services established in 42 CFR 405.534(b)(3) according to the |
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132 | 132 | | 33 Medicare Economic Index at the time the breast cancer screening |
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133 | 133 | | 34 mammography is performed; or |
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134 | 134 | | 35 (2) the rate negotiated by a contract provider according to the |
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135 | 135 | | 36 provisions of the insurance policy; |
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136 | 136 | | 37 whichever is lower. Except as provided in subsection (o), the costs of |
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137 | 137 | | 38 the coverage required by this subsection may be paid by the state or by |
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138 | 138 | | 39 the employee or by a combination of the state and the employee. |
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139 | 139 | | 40 (i) (k) A contract with a health maintenance organization that is |
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140 | 140 | | 41 entered into or renewed under section 7(c) of this chapter must provide |
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141 | 141 | | 42 covered individuals with breast cancer diagnostic services, breast |
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142 | 142 | | 2024 IN 1114—LS 6439/DI 141 4 |
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143 | 143 | | 1 cancer outpatient treatment services, and breast cancer rehabilitative |
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144 | 144 | | 2 services. |
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145 | 145 | | 3 (j) (l) The coverage required by subsection (h) (j) and services |
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146 | 146 | | 4 required by subsection (i) (k) may not be subject to dollar limits, |
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147 | 147 | | 5 deductibles, or coinsurance provisions that are less favorable to |
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148 | 148 | | 6 covered individuals than the dollar limits, deductibles, or coinsurance |
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149 | 149 | | 7 provisions applying to physical illness generally under the |
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150 | 150 | | 8 self-insurance program or contract with a health maintenance |
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151 | 151 | | 9 organization. |
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152 | 152 | | 10 (k) (m) The coverage for breast cancer diagnostic services required |
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153 | 153 | | 11 by subsection (h) (j) and the breast cancer diagnostic services required |
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154 | 154 | | 12 by subsection (i) (k) must include the following: |
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155 | 155 | | 13 (1) In the case of a covered individual who is at least thirty-five |
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156 | 156 | | 14 (35) years of age but less than forty (40) years of age, at least one |
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157 | 157 | | 15 (1) baseline breast cancer screening mammography performed |
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158 | 158 | | 16 upon the individual before she becomes forty (40) years of age. |
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159 | 159 | | 17 (2) In the case of a covered individual who is: |
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160 | 160 | | 18 (A) less than forty (40) years of age; and |
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161 | 161 | | 19 (B) a woman at risk; |
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162 | 162 | | 20 at least one (1) breast cancer screening mammography performed |
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163 | 163 | | 21 upon the covered individual every year. |
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164 | 164 | | 22 (3) In the case of a covered individual who is at least forty (40) |
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165 | 165 | | 23 years of age, at least one (1) breast cancer screening |
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166 | 166 | | 24 mammography performed upon the individual every year. |
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167 | 167 | | 25 (4) Any additional mammography views that are required for |
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168 | 168 | | 26 proper evaluation. |
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169 | 169 | | 27 (5) Ultrasound services, if determined medically necessary by the |
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170 | 170 | | 28 physician treating the covered individual. |
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171 | 171 | | 29 (6) Supplemental breast examination. |
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172 | 172 | | 30 (l) (n) The coverage for breast cancer diagnostic services required |
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173 | 173 | | 31 by subsection (h) (j) and the breast cancer diagnostic services required |
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174 | 174 | | 32 by subsection (i) (k) shall be provided in addition to any benefits |
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175 | 175 | | 33 specifically provided for x-rays, laboratory testing, or wellness |
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176 | 176 | | 34 examinations. |
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177 | 177 | | 35 (o) The coverage for breast cancer diagnostic services required |
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178 | 178 | | 36 by subsection (j) and the breast cancer diagnostic services required |
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179 | 179 | | 37 by subsection (k) may not be subject to any cost sharing |
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180 | 180 | | 38 requirements. |
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181 | 181 | | 39 SECTION 2. IC 5-10-8-18.5 IS ADDED TO THE INDIANA CODE |
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182 | 182 | | 40 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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183 | 183 | | 41 1, 2024]: Sec. 18.5. (a) This section applies only to a prescription |
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184 | 184 | | 42 drug that is: |
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185 | 185 | | 2024 IN 1114—LS 6439/DI 141 5 |
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186 | 186 | | 1 (1) consistent with best practices for the treatment of |
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187 | 187 | | 2 advanced, metastatic cancer or an associated condition; |
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188 | 188 | | 3 (2) supported by peer reviewed, evidence based literature; |
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189 | 189 | | 4 and |
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190 | 190 | | 5 (3) approved by the federal Food and Drug Administration. |
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191 | 191 | | 6 (b) As used in this section, "advanced, metastatic cancer" means |
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192 | 192 | | 7 cancer that has spread from the primary or original site of the |
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193 | 193 | | 8 cancer to nearby tissues, lymph nodes, or other areas or parts of |
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194 | 194 | | 9 the body. |
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195 | 195 | | 10 (c) As used in this section, "associated conditions" means the |
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196 | 196 | | 11 symptoms or side effects associated with advanced, metastatic |
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197 | 197 | | 12 cancer or its treatment, which would, in the judgment of a health |
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198 | 198 | | 13 care practitioner, further jeopardize the health of the covered |
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199 | 199 | | 14 individual if left untreated. |
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200 | 200 | | 15 (d) As used in this section, "covered individual" means an |
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201 | 201 | | 16 individual entitled to coverage under a state employee health plan. |
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202 | 202 | | 17 (e) As used in this section, "state employee health plan" refers |
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203 | 203 | | 18 to the following that provide coverage for prescription drugs: |
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204 | 204 | | 19 (1) A self-insurance program established under section 7(b) of |
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205 | 205 | | 20 this chapter. |
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206 | 206 | | 21 (2) A contract with a prepaid health care delivery plan that is |
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207 | 207 | | 22 entered into or renewed under section 7(c) of this chapter. |
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208 | 208 | | 23 (f) A state employee health plan that provides coverage for |
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209 | 209 | | 24 advanced, metastatic cancer and associated conditions may not |
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210 | 210 | | 25 require that, before the state employee health plan provides |
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211 | 211 | | 26 coverage of a prescription drug, the covered individual: |
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212 | 212 | | 27 (1) fail to successfully respond to a different prescription |
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213 | 213 | | 28 drug; or |
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214 | 214 | | 29 (2) prove a history of failure of a different prescription drug. |
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215 | 215 | | 30 SECTION 3. IC 27-8-5-32 IS ADDED TO THE INDIANA CODE |
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216 | 216 | | 31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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217 | 217 | | 32 1, 2024]: Sec. 32. (a) This section applies only to a prescription drug |
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218 | 218 | | 33 that is: |
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219 | 219 | | 34 (1) consistent with best practices for the treatment of |
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220 | 220 | | 35 advanced, metastatic cancer or an associated condition; |
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221 | 221 | | 36 (2) supported by peer reviewed, evidence based literature; |
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222 | 222 | | 37 and |
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223 | 223 | | 38 (3) approved by the federal Food and Drug Administration. |
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224 | 224 | | 39 (b) As used in this section, "advanced, metastatic cancer" means |
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225 | 225 | | 40 cancer that has spread from the primary or original site of the |
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226 | 226 | | 41 cancer to nearby tissues, lymph nodes, or other areas or parts of |
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227 | 227 | | 42 the body. |
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228 | 228 | | 2024 IN 1114—LS 6439/DI 141 6 |
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229 | 229 | | 1 (c) As used in this section, "associated conditions" means the |
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230 | 230 | | 2 symptoms or side effects associated with advanced, metastatic |
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231 | 231 | | 3 cancer or its treatment, which would, in the judgment of a health |
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232 | 232 | | 4 care practitioner, further jeopardize the health of the insured if left |
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233 | 233 | | 5 untreated. |
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234 | 234 | | 6 (d) As used in this section, "insured" means an individual who |
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235 | 235 | | 7 is entitled to coverage under a policy of accident and sickness |
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236 | 236 | | 8 insurance. |
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237 | 237 | | 9 (e) As used in this section, "policy of accident and sickness |
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238 | 238 | | 10 insurance" means a policy of accident and sickness insurance that |
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239 | 239 | | 11 provides coverage for prescription drugs. |
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240 | 240 | | 12 (f) A policy of accident and sickness insurance that provides |
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241 | 241 | | 13 coverage for advanced, metastatic cancer and associated conditions |
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242 | 242 | | 14 may not require that, before the policy of accident and sickness |
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243 | 243 | | 15 insurance provides coverage of a prescription drug, the insured: |
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244 | 244 | | 16 (1) fail to successfully respond to a different prescription |
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245 | 245 | | 17 drug; or |
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246 | 246 | | 18 (2) prove a history of failure of a different prescription drug. |
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247 | 247 | | 19 SECTION 4. IC 27-8-14-2.5 IS ADDED TO THE INDIANA CODE |
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248 | 248 | | 20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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249 | 249 | | 21 1, 2024]: Sec. 2.5. As used in this chapter, "cost sharing |
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250 | 250 | | 22 requirements" means: |
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251 | 251 | | 23 (1) a deductible; |
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252 | 252 | | 24 (2) coinsurance; |
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253 | 253 | | 25 (3) a copayment; and |
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254 | 254 | | 26 (4) any maximum limitation on the application of a |
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255 | 255 | | 27 deductible, coinsurance, copayment, or similar out-of-pocket |
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256 | 256 | | 28 expense. |
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257 | 257 | | 29 SECTION 5. IC 27-8-14-2.7 IS ADDED TO THE INDIANA CODE |
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258 | 258 | | 30 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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259 | 259 | | 31 1, 2024]: Sec. 2.7. As used in this chapter, "diagnostic breast |
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260 | 260 | | 32 examination" means a medically necessary and appropriate |
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261 | 261 | | 33 examination of the breast, including an examination using |
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262 | 262 | | 34 diagnostic mammography, breast magnetic resonance imaging, or |
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263 | 263 | | 35 ultrasound services, that is: |
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264 | 264 | | 36 (1) used to evaluate an abnormality seen or suspected from a |
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265 | 265 | | 37 screening examination for breast cancer; or |
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266 | 266 | | 38 (2) used to evaluate an abnormality detected by another |
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267 | 267 | | 39 means of examination. |
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268 | 268 | | 40 SECTION 6. IC 27-8-14-4.5 IS ADDED TO THE INDIANA CODE |
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269 | 269 | | 41 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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270 | 270 | | 42 1, 2024]: Sec. 4.5. As used in this chapter, "supplemental breast |
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271 | 271 | | 2024 IN 1114—LS 6439/DI 141 7 |
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272 | 272 | | 1 examination" means a medically necessary and appropriate |
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273 | 273 | | 2 examination of the breast, including an examination using |
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274 | 274 | | 3 diagnostic mammography, breast magnetic resonance imaging, or |
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275 | 275 | | 4 ultrasound services, that is: |
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276 | 276 | | 5 (1) used to screen for breast cancer when there is no |
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277 | 277 | | 6 abnormality seen or detected; and |
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278 | 278 | | 7 (2) based on: |
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279 | 279 | | 8 (A) personal or family medical history; or |
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280 | 280 | | 9 (B) additional factors; |
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281 | 281 | | 10 that may increase the insured's risk of breast cancer. |
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282 | 282 | | 11 SECTION 7. IC 27-8-14-6 IS AMENDED TO READ AS |
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283 | 283 | | 12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) Except as |
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284 | 284 | | 13 provided in subsection (f), (g), an insurer must provide coverage for |
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285 | 285 | | 14 breast cancer screening mammography and diagnostic breast |
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286 | 286 | | 15 examination in any accident and sickness insurance policy that the |
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287 | 287 | | 16 insurer issues in Indiana. |
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288 | 288 | | 17 (b) Except as provided in subsection (f), (g), the coverage that an |
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289 | 289 | | 18 insurer must provide under this section must include the following: |
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290 | 290 | | 19 (1) If the insured is at least thirty-five (35) but less than forty (40) |
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291 | 291 | | 20 years of age, coverage for at least one (1) baseline breast cancer |
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292 | 292 | | 21 screening mammography performed upon the insured before she |
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293 | 293 | | 22 becomes forty (40) years of age. |
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294 | 294 | | 23 (2) If the insured is: |
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295 | 295 | | 24 (A) less than forty (40) years of age; and |
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296 | 296 | | 25 (B) a woman at risk; |
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297 | 297 | | 26 one (1) breast cancer screening mammography performed upon |
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298 | 298 | | 27 the insured every year. |
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299 | 299 | | 28 (3) If the insured is at least forty (40) years of age, one (1) breast |
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300 | 300 | | 29 cancer screening mammography performed upon the insured |
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301 | 301 | | 30 every year. |
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302 | 302 | | 31 (4) Any additional mammography views that are required for |
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303 | 303 | | 32 proper evaluation. |
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304 | 304 | | 33 (5) Ultrasound services, if determined medically necessary by the |
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305 | 305 | | 34 physician treating the insured. |
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306 | 306 | | 35 (6) Supplemental breast examination. |
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307 | 307 | | 36 (c) Except as provided in subsection (f), (g), the coverage that an |
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308 | 308 | | 37 insurer must provide under this section must provide reimbursement |
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309 | 309 | | 38 for breast cancer screening mammography at a level at least as high as: |
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310 | 310 | | 39 (1) the limitation on payment for screening mammography |
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311 | 311 | | 40 services established in 42 CFR 405.534(b)(3) according to the |
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312 | 312 | | 41 Medicare Economic Index at the time the breast cancer screening |
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313 | 313 | | 42 mammography is performed; or |
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314 | 314 | | 2024 IN 1114—LS 6439/DI 141 8 |
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315 | 315 | | 1 (2) the rate negotiated by a contract provider according to the |
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316 | 316 | | 2 provisions of the insurance policy; |
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317 | 317 | | 3 whichever is lower. |
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318 | 318 | | 4 (d) Except as provided in subsection (f), (g), the coverage that an |
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319 | 319 | | 5 insurer must provide under this section may not be subject to dollar |
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320 | 320 | | 6 limits, deductibles, or coinsurance provisions that are less favorable to |
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321 | 321 | | 7 the insured than the dollar limits, deductibles, or coinsurance |
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322 | 322 | | 8 provisions applying to physical illness generally under the accident and |
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323 | 323 | | 9 sickness insurance policy. |
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324 | 324 | | 10 (e) Except as provided in subsection (f), (g), the coverage that an |
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325 | 325 | | 11 insurer must provide is in addition to any benefits specifically provided |
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326 | 326 | | 12 for x-rays, laboratory testing, or wellness examinations. |
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327 | 327 | | 13 (f) Except as provided in subsection (g), the coverage that an |
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328 | 328 | | 14 insurer must provide under this section may not be subject to any |
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329 | 329 | | 15 cost sharing requirements. |
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330 | 330 | | 16 (f) (g) In the case of insurance policies that are not employer based, |
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331 | 331 | | 17 the insurer must offer to provide the coverage described in subsections |
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332 | 332 | | 18 (a) through (e). (f). |
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333 | 333 | | 19 SECTION 8. IC 27-13-7-15.3 IS AMENDED TO READ AS |
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334 | 334 | | 20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 15.3. (a) As used in this |
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335 | 335 | | 21 section, "breast cancer screening mammography" has the meaning set |
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336 | 336 | | 22 forth in IC 27-8-14-2. |
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337 | 337 | | 23 (b) As used in this section, "cost sharing requirements" has the |
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338 | 338 | | 24 meaning set forth in IC 27-8-14-2.5. |
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339 | 339 | | 25 (c) As used in this section, "diagnostic breast examination" has |
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340 | 340 | | 26 the meaning set forth in IC 27-8-14-2.7. |
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341 | 341 | | 27 (d) As used in this section, "supplemental breast examination" |
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342 | 342 | | 28 has the meaning set forth in IC 27-8-14-4.5. |
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343 | 343 | | 29 (b) (e) As used in this section, "woman at risk" has the meaning set |
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344 | 344 | | 30 forth in IC 27-8-14-5. |
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345 | 345 | | 31 (c) (f) Except as provided in subsection (g), (k), a health |
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346 | 346 | | 32 maintenance organization issued a certificate of authority in Indiana |
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347 | 347 | | 33 shall provide breast cancer screening mammography and diagnostic |
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348 | 348 | | 34 breast examination as a covered service services under every group |
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349 | 349 | | 35 contract that provides coverage for basic health care services. |
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350 | 350 | | 36 (d) (g) Except as provided in subsection (g), (k), the coverage that |
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351 | 351 | | 37 a health maintenance organization must provide under this section must |
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352 | 352 | | 38 include the following: |
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353 | 353 | | 39 (1) If the enrollee is at least thirty-five (35) years of age but less |
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354 | 354 | | 40 than forty (40) years of age and a female, coverage for at least one |
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355 | 355 | | 41 (1) baseline breast cancer screening mammography performed |
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356 | 356 | | 42 upon the enrollee before the enrollee becomes forty (40) years of |
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357 | 357 | | 2024 IN 1114—LS 6439/DI 141 9 |
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358 | 358 | | 1 age. |
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359 | 359 | | 2 (2) If the enrollee is less than forty (40) years of age and a woman |
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360 | 360 | | 3 at risk, one (1) breast cancer screening mammography performed |
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361 | 361 | | 4 upon the enrollee every year. |
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362 | 362 | | 5 (3) If the enrollee is at least forty (40) years of age and a female, |
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363 | 363 | | 6 one (1) breast cancer screening mammography performed upon |
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364 | 364 | | 7 the enrollee every year. |
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365 | 365 | | 8 (4) Any additional mammography views that are required for |
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366 | 366 | | 9 proper evaluation. |
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367 | 367 | | 10 (5) Ultrasound services, if determined medically necessary by the |
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368 | 368 | | 11 physician treating the enrollee. |
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369 | 369 | | 12 (6) Supplemental breast examination. |
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370 | 370 | | 13 (e) (h) Except as provided in subsection (g), (k), the coverage that |
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371 | 371 | | 14 a health maintenance organization must provide under this section may |
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372 | 372 | | 15 not be subject to a contract provision that is less favorable to an |
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373 | 373 | | 16 enrollee or a subscriber than contract provisions applying to physical |
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374 | 374 | | 17 illness generally under the health maintenance organization contract. |
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375 | 375 | | 18 (f) (i) Except as provided in subsection (g), (k), the coverage that a |
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376 | 376 | | 19 health maintenance organization must provide under this section is in |
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377 | 377 | | 20 addition to services specifically provided for x-rays, laboratory testing, |
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378 | 378 | | 21 or wellness examinations. |
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379 | 379 | | 22 (j) Except as provided in subsection (k), the coverage that a |
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380 | 380 | | 23 health maintenance organization must provide under this section |
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381 | 381 | | 24 may not be subject to any cost sharing requirements. |
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382 | 382 | | 25 (g) (k) In the case of coverage that is not employer based, the health |
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383 | 383 | | 26 maintenance organization must offer to provide the coverage described |
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384 | 384 | | 27 in subsections (c) (f) through (f). (j). |
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385 | 385 | | 28 SECTION 9. IC 27-13-7-29 IS ADDED TO THE INDIANA CODE |
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386 | 386 | | 29 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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387 | 387 | | 30 1, 2024]: Sec. 29. (a) This section applies only to a prescription drug |
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388 | 388 | | 31 that is: |
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389 | 389 | | 32 (1) consistent with best practices for the treatment of |
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390 | 390 | | 33 advanced, metastatic cancer or an associated condition; |
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391 | 391 | | 34 (2) supported by peer reviewed, evidence based literature; |
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392 | 392 | | 35 and |
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393 | 393 | | 36 (3) approved by the federal Food and Drug Administration. |
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394 | 394 | | 37 (b) As used in this section, "advanced, metastatic cancer" means |
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395 | 395 | | 38 cancer that has spread from the primary or original site of the |
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396 | 396 | | 39 cancer to nearby tissues, lymph nodes, or other areas or parts of |
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397 | 397 | | 40 the body. |
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398 | 398 | | 41 (c) As used in this section, "associated conditions" means the |
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399 | 399 | | 42 symptoms or side effects associated with advanced, metastatic |
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400 | 400 | | 2024 IN 1114—LS 6439/DI 141 10 |
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401 | 401 | | 1 cancer or its treatment, which would, in the judgment of a health |
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402 | 402 | | 2 care practitioner, further jeopardize the health of the enrollee if |
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403 | 403 | | 3 left untreated. |
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404 | 404 | | 4 (d) As used in this section, "group contract" refers to a group |
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405 | 405 | | 5 contract that provides coverage for prescription drugs. |
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406 | 406 | | 6 (e) As used in this section, "health maintenance organization" |
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407 | 407 | | 7 refers to a health maintenance organization that provides coverage |
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408 | 408 | | 8 for prescription drugs. The term includes the following: |
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409 | 409 | | 9 (1) A limited service health maintenance organization. |
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410 | 410 | | 10 (2) A person that administers prescription drug benefits on |
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411 | 411 | | 11 behalf of a health maintenance organization or a limited |
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412 | 412 | | 12 service health maintenance organization. |
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413 | 413 | | 13 (f) As used in this section, "individual contract" refers to an |
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414 | 414 | | 14 individual contract that provides coverage for prescription drugs. |
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415 | 415 | | 15 (g) A health maintenance organization that provides coverage |
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416 | 416 | | 16 under an individual contract or a group contract for advanced, |
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417 | 417 | | 17 metastatic cancer and associated conditions may not require that, |
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418 | 418 | | 18 before the health maintenance organization provides coverage of |
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419 | 419 | | 19 a prescription drug, the enrollee: |
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420 | 420 | | 20 (1) fail to successfully respond to a different prescription |
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421 | 421 | | 21 drug; or |
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422 | 422 | | 22 (2) prove a history of failure of a different prescription drug. |
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423 | 423 | | 2024 IN 1114—LS 6439/DI 141 |
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