Indiana 2024 Regular Session

Indiana House Bill HB1114 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1114
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 5-10-8; IC 27-8; IC 27-13-7.
77 Synopsis: Coverage for cancer screening and prescriptions. Requires
88 a state employee health plan to cover supplemental breast
99 examinations. Requires a policy of accident and sickness insurance and
1010 a health maintenance organization to cover diagnostic breast
1111 examinations and supplemental breast examinations. Provides that the
1212 coverage of diagnostic breast examinations and supplemental breast
1313 examinations may not be subject to any cost sharing requirements.
1414 Prohibits a state employee health plan, a policy of accident and
1515 sickness insurance, and a health maintenance organization that
1616 provides coverage for advanced, metastatic cancer and associated
1717 conditions from requiring that, before providing coverage of a
1818 prescription drug, the insured fail to successfully respond to a different
1919 prescription drug or prove a history of failure of a different prescription
2020 drug.
2121 Effective: July 1, 2024.
2222 Pryor
2323 January 8, 2024, read first time and referred to Committee on Insurance.
2424 2024 IN 1114—LS 6439/DI 141 Introduced
2525 Second Regular Session of the 123rd General Assembly (2024)
2626 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2727 Constitution) is being amended, the text of the existing provision will appear in this style type,
2828 additions will appear in this style type, and deletions will appear in this style type.
2929 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3030 provision adopted), the text of the new provision will appear in this style type. Also, the
3131 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3232 a new provision to the Indiana Code or the Indiana Constitution.
3333 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3434 between statutes enacted by the 2023 Regular Session of the General Assembly.
3535 HOUSE BILL No. 1114
3636 A BILL FOR AN ACT to amend the Indiana Code concerning
3737 insurance.
3838 Be it enacted by the General Assembly of the State of Indiana:
3939 1 SECTION 1. IC 5-10-8-7.2, AS AMENDED BY P.L.56-2023,
4040 2 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4141 3 JULY 1, 2024]: Sec. 7.2. (a) As used in this section, "breast cancer
4242 4 diagnostic service" means a procedure intended to aid in the diagnosis
4343 5 of breast cancer. The term includes procedures performed on an
4444 6 inpatient basis and procedures performed on an outpatient basis,
4545 7 including the following:
4646 8 (1) Breast cancer screening mammography.
4747 9 (2) Surgical breast biopsy.
4848 10 (3) Pathologic examination and interpretation.
4949 11 (b) As used in this section, "breast cancer outpatient treatment
5050 12 services" means procedures that are intended to treat cancer of the
5151 13 human breast and that are delivered on an outpatient basis. The term
5252 14 includes the following:
5353 15 (1) Chemotherapy.
5454 16 (2) Hormonal therapy.
5555 17 (3) Radiation therapy.
5656 2024 IN 1114—LS 6439/DI 141 2
5757 1 (4) Surgery.
5858 2 (5) Other outpatient cancer treatment services prescribed by a
5959 3 physician.
6060 4 (6) Medical follow-up services related to the procedures set forth
6161 5 in subdivisions (1) through (5).
6262 6 (c) As used in this section, "breast cancer rehabilitative services"
6363 7 means procedures that are intended to improve the results of or to
6464 8 ameliorate the debilitating consequences of the treatment of breast
6565 9 cancer and that are delivered on an inpatient or outpatient basis. The
6666 10 term includes the following:
6767 11 (1) Physical therapy.
6868 12 (2) Psychological and social support services.
6969 13 (3) Reconstructive plastic surgery.
7070 14 (d) As used in this section, "breast cancer screening mammography"
7171 15 means a standard, two (2) view per breast, low-dose radiographic
7272 16 examination of the breasts that is:
7373 17 (1) furnished to an asymptomatic woman; and
7474 18 (2) performed by a mammography services provider using
7575 19 equipment designed by the manufacturer for and dedicated
7676 20 specifically to mammography in order to detect unsuspected
7777 21 breast cancer.
7878 22 The term includes the interpretation of the results of a breast cancer
7979 23 screening mammography by a physician.
8080 24 (e) As used in this section, "cost sharing requirements" means:
8181 25 (1) a deductible;
8282 26 (2) coinsurance;
8383 27 (3) a copayment; and
8484 28 (4) any maximum limitation on the application of a
8585 29 deductible, coinsurance, copayment, or similar out-of-pocket
8686 30 expense.
8787 31 (e) (f) As used in this section, "covered individual" means a female
8888 32 individual who is:
8989 33 (1) covered under a self-insurance program established under
9090 34 section 7(b) of this chapter to provide group health coverage; or
9191 35 (2) entitled to services under a contract with a health maintenance
9292 36 organization (as defined in IC 27-13-1-19) that is entered into or
9393 37 renewed under section 7(c) of this chapter.
9494 38 (f) (g) As used in this section, "mammography services provider"
9595 39 means an individual or facility that:
9696 40 (1) has been accredited by the American College of Radiology;
9797 41 (2) meets equivalent guidelines established by the Indiana
9898 42 department of health; or
9999 2024 IN 1114—LS 6439/DI 141 3
100100 1 (3) is certified by the federal Department of Health and Human
101101 2 Services for participation in the Medicare program (42 U.S.C.
102102 3 1395 et seq.).
103103 4 (h) As used in this section, "supplemental breast examination"
104104 5 means a medically necessary and appropriate examination of the
105105 6 breast, including an examination using breast cancer screening
106106 7 mammography, breast magnetic resonance imaging, or ultrasound
107107 8 services, that is:
108108 9 (1) used to screen for breast cancer when there is no
109109 10 abnormality seen or detected; and
110110 11 (2) based on:
111111 12 (A) personal or family medical history; or
112112 13 (B) additional factors;
113113 14 that may increase the covered individual's risk of breast
114114 15 cancer.
115115 16 (g) (i) As used in this section, "woman at risk" means a woman who
116116 17 meets at least one (1) of the following descriptions:
117117 18 (1) A woman who has a personal history of breast cancer.
118118 19 (2) A woman who has a personal history of breast disease that
119119 20 was proven benign by biopsy.
120120 21 (3) A woman whose mother, sister, or daughter has had breast
121121 22 cancer.
122122 23 (4) A woman who is at least thirty (30) years of age and has not
123123 24 given birth.
124124 25 (h) (j) A self-insurance program established under section 7(b) of
125125 26 this chapter to provide health care coverage must provide covered
126126 27 individuals with coverage for breast cancer diagnostic services, breast
127127 28 cancer outpatient treatment services, and breast cancer rehabilitative
128128 29 services. The coverage must provide reimbursement for breast cancer
129129 30 screening mammography at a level at least as high as:
130130 31 (1) the limitation on payment for screening mammography
131131 32 services established in 42 CFR 405.534(b)(3) according to the
132132 33 Medicare Economic Index at the time the breast cancer screening
133133 34 mammography is performed; or
134134 35 (2) the rate negotiated by a contract provider according to the
135135 36 provisions of the insurance policy;
136136 37 whichever is lower. Except as provided in subsection (o), the costs of
137137 38 the coverage required by this subsection may be paid by the state or by
138138 39 the employee or by a combination of the state and the employee.
139139 40 (i) (k) A contract with a health maintenance organization that is
140140 41 entered into or renewed under section 7(c) of this chapter must provide
141141 42 covered individuals with breast cancer diagnostic services, breast
142142 2024 IN 1114—LS 6439/DI 141 4
143143 1 cancer outpatient treatment services, and breast cancer rehabilitative
144144 2 services.
145145 3 (j) (l) The coverage required by subsection (h) (j) and services
146146 4 required by subsection (i) (k) may not be subject to dollar limits,
147147 5 deductibles, or coinsurance provisions that are less favorable to
148148 6 covered individuals than the dollar limits, deductibles, or coinsurance
149149 7 provisions applying to physical illness generally under the
150150 8 self-insurance program or contract with a health maintenance
151151 9 organization.
152152 10 (k) (m) The coverage for breast cancer diagnostic services required
153153 11 by subsection (h) (j) and the breast cancer diagnostic services required
154154 12 by subsection (i) (k) must include the following:
155155 13 (1) In the case of a covered individual who is at least thirty-five
156156 14 (35) years of age but less than forty (40) years of age, at least one
157157 15 (1) baseline breast cancer screening mammography performed
158158 16 upon the individual before she becomes forty (40) years of age.
159159 17 (2) In the case of a covered individual who is:
160160 18 (A) less than forty (40) years of age; and
161161 19 (B) a woman at risk;
162162 20 at least one (1) breast cancer screening mammography performed
163163 21 upon the covered individual every year.
164164 22 (3) In the case of a covered individual who is at least forty (40)
165165 23 years of age, at least one (1) breast cancer screening
166166 24 mammography performed upon the individual every year.
167167 25 (4) Any additional mammography views that are required for
168168 26 proper evaluation.
169169 27 (5) Ultrasound services, if determined medically necessary by the
170170 28 physician treating the covered individual.
171171 29 (6) Supplemental breast examination.
172172 30 (l) (n) The coverage for breast cancer diagnostic services required
173173 31 by subsection (h) (j) and the breast cancer diagnostic services required
174174 32 by subsection (i) (k) shall be provided in addition to any benefits
175175 33 specifically provided for x-rays, laboratory testing, or wellness
176176 34 examinations.
177177 35 (o) The coverage for breast cancer diagnostic services required
178178 36 by subsection (j) and the breast cancer diagnostic services required
179179 37 by subsection (k) may not be subject to any cost sharing
180180 38 requirements.
181181 39 SECTION 2. IC 5-10-8-18.5 IS ADDED TO THE INDIANA CODE
182182 40 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
183183 41 1, 2024]: Sec. 18.5. (a) This section applies only to a prescription
184184 42 drug that is:
185185 2024 IN 1114—LS 6439/DI 141 5
186186 1 (1) consistent with best practices for the treatment of
187187 2 advanced, metastatic cancer or an associated condition;
188188 3 (2) supported by peer reviewed, evidence based literature;
189189 4 and
190190 5 (3) approved by the federal Food and Drug Administration.
191191 6 (b) As used in this section, "advanced, metastatic cancer" means
192192 7 cancer that has spread from the primary or original site of the
193193 8 cancer to nearby tissues, lymph nodes, or other areas or parts of
194194 9 the body.
195195 10 (c) As used in this section, "associated conditions" means the
196196 11 symptoms or side effects associated with advanced, metastatic
197197 12 cancer or its treatment, which would, in the judgment of a health
198198 13 care practitioner, further jeopardize the health of the covered
199199 14 individual if left untreated.
200200 15 (d) As used in this section, "covered individual" means an
201201 16 individual entitled to coverage under a state employee health plan.
202202 17 (e) As used in this section, "state employee health plan" refers
203203 18 to the following that provide coverage for prescription drugs:
204204 19 (1) A self-insurance program established under section 7(b) of
205205 20 this chapter.
206206 21 (2) A contract with a prepaid health care delivery plan that is
207207 22 entered into or renewed under section 7(c) of this chapter.
208208 23 (f) A state employee health plan that provides coverage for
209209 24 advanced, metastatic cancer and associated conditions may not
210210 25 require that, before the state employee health plan provides
211211 26 coverage of a prescription drug, the covered individual:
212212 27 (1) fail to successfully respond to a different prescription
213213 28 drug; or
214214 29 (2) prove a history of failure of a different prescription drug.
215215 30 SECTION 3. IC 27-8-5-32 IS ADDED TO THE INDIANA CODE
216216 31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
217217 32 1, 2024]: Sec. 32. (a) This section applies only to a prescription drug
218218 33 that is:
219219 34 (1) consistent with best practices for the treatment of
220220 35 advanced, metastatic cancer or an associated condition;
221221 36 (2) supported by peer reviewed, evidence based literature;
222222 37 and
223223 38 (3) approved by the federal Food and Drug Administration.
224224 39 (b) As used in this section, "advanced, metastatic cancer" means
225225 40 cancer that has spread from the primary or original site of the
226226 41 cancer to nearby tissues, lymph nodes, or other areas or parts of
227227 42 the body.
228228 2024 IN 1114—LS 6439/DI 141 6
229229 1 (c) As used in this section, "associated conditions" means the
230230 2 symptoms or side effects associated with advanced, metastatic
231231 3 cancer or its treatment, which would, in the judgment of a health
232232 4 care practitioner, further jeopardize the health of the insured if left
233233 5 untreated.
234234 6 (d) As used in this section, "insured" means an individual who
235235 7 is entitled to coverage under a policy of accident and sickness
236236 8 insurance.
237237 9 (e) As used in this section, "policy of accident and sickness
238238 10 insurance" means a policy of accident and sickness insurance that
239239 11 provides coverage for prescription drugs.
240240 12 (f) A policy of accident and sickness insurance that provides
241241 13 coverage for advanced, metastatic cancer and associated conditions
242242 14 may not require that, before the policy of accident and sickness
243243 15 insurance provides coverage of a prescription drug, the insured:
244244 16 (1) fail to successfully respond to a different prescription
245245 17 drug; or
246246 18 (2) prove a history of failure of a different prescription drug.
247247 19 SECTION 4. IC 27-8-14-2.5 IS ADDED TO THE INDIANA CODE
248248 20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
249249 21 1, 2024]: Sec. 2.5. As used in this chapter, "cost sharing
250250 22 requirements" means:
251251 23 (1) a deductible;
252252 24 (2) coinsurance;
253253 25 (3) a copayment; and
254254 26 (4) any maximum limitation on the application of a
255255 27 deductible, coinsurance, copayment, or similar out-of-pocket
256256 28 expense.
257257 29 SECTION 5. IC 27-8-14-2.7 IS ADDED TO THE INDIANA CODE
258258 30 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
259259 31 1, 2024]: Sec. 2.7. As used in this chapter, "diagnostic breast
260260 32 examination" means a medically necessary and appropriate
261261 33 examination of the breast, including an examination using
262262 34 diagnostic mammography, breast magnetic resonance imaging, or
263263 35 ultrasound services, that is:
264264 36 (1) used to evaluate an abnormality seen or suspected from a
265265 37 screening examination for breast cancer; or
266266 38 (2) used to evaluate an abnormality detected by another
267267 39 means of examination.
268268 40 SECTION 6. IC 27-8-14-4.5 IS ADDED TO THE INDIANA CODE
269269 41 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
270270 42 1, 2024]: Sec. 4.5. As used in this chapter, "supplemental breast
271271 2024 IN 1114—LS 6439/DI 141 7
272272 1 examination" means a medically necessary and appropriate
273273 2 examination of the breast, including an examination using
274274 3 diagnostic mammography, breast magnetic resonance imaging, or
275275 4 ultrasound services, that is:
276276 5 (1) used to screen for breast cancer when there is no
277277 6 abnormality seen or detected; and
278278 7 (2) based on:
279279 8 (A) personal or family medical history; or
280280 9 (B) additional factors;
281281 10 that may increase the insured's risk of breast cancer.
282282 11 SECTION 7. IC 27-8-14-6 IS AMENDED TO READ AS
283283 12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) Except as
284284 13 provided in subsection (f), (g), an insurer must provide coverage for
285285 14 breast cancer screening mammography and diagnostic breast
286286 15 examination in any accident and sickness insurance policy that the
287287 16 insurer issues in Indiana.
288288 17 (b) Except as provided in subsection (f), (g), the coverage that an
289289 18 insurer must provide under this section must include the following:
290290 19 (1) If the insured is at least thirty-five (35) but less than forty (40)
291291 20 years of age, coverage for at least one (1) baseline breast cancer
292292 21 screening mammography performed upon the insured before she
293293 22 becomes forty (40) years of age.
294294 23 (2) If the insured is:
295295 24 (A) less than forty (40) years of age; and
296296 25 (B) a woman at risk;
297297 26 one (1) breast cancer screening mammography performed upon
298298 27 the insured every year.
299299 28 (3) If the insured is at least forty (40) years of age, one (1) breast
300300 29 cancer screening mammography performed upon the insured
301301 30 every year.
302302 31 (4) Any additional mammography views that are required for
303303 32 proper evaluation.
304304 33 (5) Ultrasound services, if determined medically necessary by the
305305 34 physician treating the insured.
306306 35 (6) Supplemental breast examination.
307307 36 (c) Except as provided in subsection (f), (g), the coverage that an
308308 37 insurer must provide under this section must provide reimbursement
309309 38 for breast cancer screening mammography at a level at least as high as:
310310 39 (1) the limitation on payment for screening mammography
311311 40 services established in 42 CFR 405.534(b)(3) according to the
312312 41 Medicare Economic Index at the time the breast cancer screening
313313 42 mammography is performed; or
314314 2024 IN 1114—LS 6439/DI 141 8
315315 1 (2) the rate negotiated by a contract provider according to the
316316 2 provisions of the insurance policy;
317317 3 whichever is lower.
318318 4 (d) Except as provided in subsection (f), (g), the coverage that an
319319 5 insurer must provide under this section may not be subject to dollar
320320 6 limits, deductibles, or coinsurance provisions that are less favorable to
321321 7 the insured than the dollar limits, deductibles, or coinsurance
322322 8 provisions applying to physical illness generally under the accident and
323323 9 sickness insurance policy.
324324 10 (e) Except as provided in subsection (f), (g), the coverage that an
325325 11 insurer must provide is in addition to any benefits specifically provided
326326 12 for x-rays, laboratory testing, or wellness examinations.
327327 13 (f) Except as provided in subsection (g), the coverage that an
328328 14 insurer must provide under this section may not be subject to any
329329 15 cost sharing requirements.
330330 16 (f) (g) In the case of insurance policies that are not employer based,
331331 17 the insurer must offer to provide the coverage described in subsections
332332 18 (a) through (e). (f).
333333 19 SECTION 8. IC 27-13-7-15.3 IS AMENDED TO READ AS
334334 20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 15.3. (a) As used in this
335335 21 section, "breast cancer screening mammography" has the meaning set
336336 22 forth in IC 27-8-14-2.
337337 23 (b) As used in this section, "cost sharing requirements" has the
338338 24 meaning set forth in IC 27-8-14-2.5.
339339 25 (c) As used in this section, "diagnostic breast examination" has
340340 26 the meaning set forth in IC 27-8-14-2.7.
341341 27 (d) As used in this section, "supplemental breast examination"
342342 28 has the meaning set forth in IC 27-8-14-4.5.
343343 29 (b) (e) As used in this section, "woman at risk" has the meaning set
344344 30 forth in IC 27-8-14-5.
345345 31 (c) (f) Except as provided in subsection (g), (k), a health
346346 32 maintenance organization issued a certificate of authority in Indiana
347347 33 shall provide breast cancer screening mammography and diagnostic
348348 34 breast examination as a covered service services under every group
349349 35 contract that provides coverage for basic health care services.
350350 36 (d) (g) Except as provided in subsection (g), (k), the coverage that
351351 37 a health maintenance organization must provide under this section must
352352 38 include the following:
353353 39 (1) If the enrollee is at least thirty-five (35) years of age but less
354354 40 than forty (40) years of age and a female, coverage for at least one
355355 41 (1) baseline breast cancer screening mammography performed
356356 42 upon the enrollee before the enrollee becomes forty (40) years of
357357 2024 IN 1114—LS 6439/DI 141 9
358358 1 age.
359359 2 (2) If the enrollee is less than forty (40) years of age and a woman
360360 3 at risk, one (1) breast cancer screening mammography performed
361361 4 upon the enrollee every year.
362362 5 (3) If the enrollee is at least forty (40) years of age and a female,
363363 6 one (1) breast cancer screening mammography performed upon
364364 7 the enrollee every year.
365365 8 (4) Any additional mammography views that are required for
366366 9 proper evaluation.
367367 10 (5) Ultrasound services, if determined medically necessary by the
368368 11 physician treating the enrollee.
369369 12 (6) Supplemental breast examination.
370370 13 (e) (h) Except as provided in subsection (g), (k), the coverage that
371371 14 a health maintenance organization must provide under this section may
372372 15 not be subject to a contract provision that is less favorable to an
373373 16 enrollee or a subscriber than contract provisions applying to physical
374374 17 illness generally under the health maintenance organization contract.
375375 18 (f) (i) Except as provided in subsection (g), (k), the coverage that a
376376 19 health maintenance organization must provide under this section is in
377377 20 addition to services specifically provided for x-rays, laboratory testing,
378378 21 or wellness examinations.
379379 22 (j) Except as provided in subsection (k), the coverage that a
380380 23 health maintenance organization must provide under this section
381381 24 may not be subject to any cost sharing requirements.
382382 25 (g) (k) In the case of coverage that is not employer based, the health
383383 26 maintenance organization must offer to provide the coverage described
384384 27 in subsections (c) (f) through (f). (j).
385385 28 SECTION 9. IC 27-13-7-29 IS ADDED TO THE INDIANA CODE
386386 29 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
387387 30 1, 2024]: Sec. 29. (a) This section applies only to a prescription drug
388388 31 that is:
389389 32 (1) consistent with best practices for the treatment of
390390 33 advanced, metastatic cancer or an associated condition;
391391 34 (2) supported by peer reviewed, evidence based literature;
392392 35 and
393393 36 (3) approved by the federal Food and Drug Administration.
394394 37 (b) As used in this section, "advanced, metastatic cancer" means
395395 38 cancer that has spread from the primary or original site of the
396396 39 cancer to nearby tissues, lymph nodes, or other areas or parts of
397397 40 the body.
398398 41 (c) As used in this section, "associated conditions" means the
399399 42 symptoms or side effects associated with advanced, metastatic
400400 2024 IN 1114—LS 6439/DI 141 10
401401 1 cancer or its treatment, which would, in the judgment of a health
402402 2 care practitioner, further jeopardize the health of the enrollee if
403403 3 left untreated.
404404 4 (d) As used in this section, "group contract" refers to a group
405405 5 contract that provides coverage for prescription drugs.
406406 6 (e) As used in this section, "health maintenance organization"
407407 7 refers to a health maintenance organization that provides coverage
408408 8 for prescription drugs. The term includes the following:
409409 9 (1) A limited service health maintenance organization.
410410 10 (2) A person that administers prescription drug benefits on
411411 11 behalf of a health maintenance organization or a limited
412412 12 service health maintenance organization.
413413 13 (f) As used in this section, "individual contract" refers to an
414414 14 individual contract that provides coverage for prescription drugs.
415415 15 (g) A health maintenance organization that provides coverage
416416 16 under an individual contract or a group contract for advanced,
417417 17 metastatic cancer and associated conditions may not require that,
418418 18 before the health maintenance organization provides coverage of
419419 19 a prescription drug, the enrollee:
420420 20 (1) fail to successfully respond to a different prescription
421421 21 drug; or
422422 22 (2) prove a history of failure of a different prescription drug.
423423 2024 IN 1114—LS 6439/DI 141