*SB0009.2*
Reprinted
January 30, 2024
SENATE BILL No. 9
_____
DIGEST OF SB 9 (Updated January 29, 2024 2:41 pm - DI 104)
Citations Affected: IC 25-1.
Synopsis: Notice of health care entity mergers. Requires health care
entities to provide notice of certain mergers or acquisitions to office of
the attorney general. Specifies notice requirements. Requires the office
of the attorney general to review the information submitted with the
notice. Allows the office of the attorney general to: (1) analyze in
writing any antitrust concerns with the merger or acquisition; and (2)
issue a civil investigative demand for additional information. Specifies
that the information is confidential.
Effective: July 1, 2024.
Garten, Charbonneau, Brown L,
Busch, Johnson T, Byrne, Donato,
Ford J.D.
January 8, 2024, read first time and referred to Committee on Health and Provider
Services.
January 25, 2024, amended, reported favorably — Do Pass.
January 29, 2024, read second time, amended, ordered engrossed.
SB 9—LS 6811/DI 104 Reprinted
January 30, 2024
Second Regular Session of the 123rd General Assembly (2024)
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 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) An insurer that issues a policy of accident and sickness
11 insurance (as defined in IC 27-8-5-1), except for the following
12 types of coverage:
13 (A) Accident only, credit, dental, vision, long term care, or
14 disability income insurance.
15 (B) Coverage issued as a supplement to liability insurance.
16 (C) Automobile medical payment insurance.
17 (D) A specified disease policy.
SB 9—LS 6811/DI 104 2
1 (E) A policy that provides indemnity benefits not based on
2 any expense incurred requirements, including a plan that
3 provides coverage for:
4 (i) hospital confinement, critical illness, or intensive care;
5 or
6 (ii) gaps for deductibles or copayments.
7 (F) Worker's compensation or similar insurance.
8 (G) A student health plan.
9 (H) A supplemental plan that always pays in addition to
10 other coverage.
11 (3) A health maintenance organization (as defined in
12 IC 27-13-1-19).
13 (4) A pharmacy benefit manager (as defined in
14 IC 27-1-24.5-12).
15 (5) An administrator (as defined in IC 27-1-25-1).
16 (6) A private equity partnership seeking to enter into a
17 merger or acquisition with an entity described in subdivisions
18 (1) through (5).
19 (b) The term does not include the Medicaid program or the
20 Medicare program.
21 Sec. 2. As used in this chapter, "merger" means any change of
22 ownership, including:
23 (1) an acquisition or transfer of assets; or
24 (2) the purchase of stock effectuated by a merger agreement.
25 Sec. 3. (a) An Indiana health care entity that is involved in a
26 merger or acquisition with another health care entity with a value
27 of at least ten million dollars ($10,000,000) shall, at least ninety (90)
28 days prior to the date of the merger or acquisition, provide written
29 notice of the merger or acquisition to the office of the attorney
30 general in a manner prescribed by the office of the attorney
31 general.
32 (b) The notice required by subsection (a) must include the
33 following information from each health care entity:
34 (1) Business address and federal tax number.
35 (2) Name and contact information of a representative of the
36 health care entity concerning the merger or acquisition.
37 (3) Description of the health care entity.
38 (4) Description of the merger or acquisition, including the
39 anticipated timeline.
40 (5) A copy of any materials that have been submitted to a
41 federal or state agency concerning the merger or acquisition.
42 The notice submitted under this section must be certified before a
SB 9—LS 6811/DI 104 3
1 notary public.
2 (c) The office of the attorney general shall keep confidential all
3 nonpublic information, and the confidential information may not
4 be released to the public.
5 (d) Not later than forty-five (45) days from the submission of a
6 notice under subsection (a), the office of the attorney general:
7 (1) shall review the information submitted with the notice;
8 and
9 (2) may analyze in writing any antitrust concerns with the
10 merger or acquisition.
11 The office of the attorney general shall provide any written
12 analysis described in subdivision (2) to the person that submitted
13 the notice under subsection (a).
14 (e) The office of the attorney general may issue a civil
15 investigative demand under IC 4-6-3 to a health care entity that
16 has submitted a notice under this section for additional
17 information.
18 (f) Any information received or produced by the office of the
19 attorney general under this section is confidential.
SB 9—LS 6811/DI 104 4
COMMITTEE REPORT
Madam President: The Senate Committee on Health and Provider
Services, to which was referred Senate Bill No. 9, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, delete lines 10 through 14.
Page 1, line 15, delete "(3)" and insert "(2)".
Page 2, line 16, delete "(4)" and insert "(3)".
Page 2, line 18, delete "(5)" and insert "(4)".
Page 2, line 20, delete "(6)" and insert "(5)".
Page 2, line 29, delete "six (6)" and insert "ninety (90) days".
Page 2, line 30, delete "months".
Page 2, line 31, delete "following:" and insert "office of the
attorney general in a manner prescribed by the office of the
attorney general.".
Page 2, delete lines 32 through 40.
Page 3, line 11, delete "individuals described in subsection (a)" and
insert "office of the attorney general".
Page 3, after line 14, begin a new paragraph and insert:
"(d) Not later than forty-five (45) days from the submission of
a notice under subsection (a), the office of the attorney general:
(1) shall review the information submitted with the notice;
and
(2) may analyze in writing any antitrust concerns with the
merger or acquisition.
The office of the attorney general shall provide any written
analysis described in subdivision (2) to the person that submitted
the notice under subsection (a).
(e) The office of the attorney general may issue a civil
investigative demand under IC 4-6-3 to a health care entity that
has submitted a notice under this section for additional
information.
(f) Any information received or produced by the office of the
attorney general under this section is confidential.".
and when so amended that said bill do pass.
(Reference is to SB 9 as introduced.)
CHARBONNEAU, Chairperson
Committee Vote: Yeas 10, Nays 0.
SB 9—LS 6811/DI 104 5
SENATE MOTION
Madam President: I move that Senate Bill 9 be amended to read as
follows:
Page 2, between lines 15 and 16, begin a new line block indented
and insert:
"(6) A private equity partnership seeking to enter into a
merger or acquisition with an entity described in subdivisions
(1) through (5).".
Page 2, line 42, delete "if requested by the health care entity," and
insert ",".
(Reference is to SB 9 as printed January 26, 2024.)
GARTEN
SB 9—LS 6811/DI 104