Introduced Version
SENATE BILL No. 9
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 25-1-8.5.
Synopsis: Notice of health care entity mergers. Requires health care
entities to provide notice of certain mergers or acquisitions to specified
members of the general assembly. Specifies notice requirements.
Effective: July 1, 2024.
Garten, Charbonneau, Brown L,
Busch, Johnson T
January 8, 2024, read first time and referred to Committee on Health and Provider
Services.
2024 IN 9—LS 6811/DI 104 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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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 2023 Regular Session of the General Assembly.
SENATE BILL No. 9
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 25-1-8.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]:
4 Chapter 8.5. Reporting of Health Care Entity Mergers and
5 Acquisitions
6 Sec. 1. (a) As used in this chapter, "health care entity" means
7 any of the following:
8 (1) Any organization or business that provides diagnostic,
9 medical, surgical, dental treatment, or rehabilitative care.
10 (2) Any organization or business that provides health care
11 services, devices, or items, including the following:
12 (A) Pharmaceutical manufacturers.
13 (B) Pharmaceutical distributors.
14 (C) Medical device manufacturers and distributors.
15 (3) An insurer that issues a policy of accident and sickness
16 insurance (as defined in IC 27-8-5-1), except for the following
17 types of coverage:
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1 (A) Accident only, credit, dental, vision, long term care, or
2 disability income insurance.
3 (B) Coverage issued as a supplement to liability insurance.
4 (C) Automobile medical payment insurance.
5 (D) A specified disease policy.
6 (E) A policy that provides indemnity benefits not based on
7 any expense incurred requirements, including a plan that
8 provides coverage for:
9 (i) hospital confinement, critical illness, or intensive care;
10 or
11 (ii) gaps for deductibles or copayments.
12 (F) Worker's compensation or similar insurance.
13 (G) A student health plan.
14 (H) A supplemental plan that always pays in addition to
15 other coverage.
16 (4) A health maintenance organization (as defined in
17 IC 27-13-1-19).
18 (5) A pharmacy benefit manager (as defined in
19 IC 27-1-24.5-12).
20 (6) An administrator (as defined in IC 27-1-25-1).
21 (b) The term does not include the Medicaid program or the
22 Medicare program.
23 Sec. 2. As used in this chapter, "merger" means any change of
24 ownership, including:
25 (1) an acquisition or transfer of assets; or
26 (2) the purchase of stock effectuated by a merger agreement.
27 Sec. 3. (a) An Indiana health care entity that is involved in a
28 merger or acquisition with another health care entity with a value
29 of at least ten million dollars ($10,000,000) shall, at least six (6)
30 months prior to the date of the merger or acquisition, provide
31 written notice of the merger or acquisition to the following:
32 (1) The speaker of the house of representatives.
33 (2) The president pro tempore of the senate.
34 (3) The chairperson of the house public health committee.
35 (4) The ranking minority member of the house public health
36 committee.
37 (5) The chairperson of the senate health and provider services
38 committee.
39 (6) The ranking minority member of the senate health and
40 provider services committee.
41 (b) The notice required by subsection (a) must include the
42 following information from each health care entity:
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1 (1) Business address and federal tax number.
2 (2) Name and contact information of a representative of the
3 health care entity concerning the merger or acquisition.
4 (3) Description of the health care entity.
5 (4) Description of the merger or acquisition, including the
6 anticipated timeline.
7 (5) A copy of any materials that have been submitted to a
8 federal or state agency concerning the merger or acquisition.
9 The notice submitted under this section must be certified before a
10 notary public.
11 (c) The individuals described in subsection (a) shall keep
12 confidential all nonpublic information if requested by the health
13 care entity, and the confidential information may not be released
14 to the public.
2024 IN 9—LS 6811/DI 104