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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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 9
AN ACT to amend the Indiana Code concerning health.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 4-6-3-6, AS AMENDED BY P.L.65-2014,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 6. (a) If a person objects or otherwise fails to obey
a written demand issued under section 3 of this chapter, the attorney
general may file in the circuit or superior court of the county in which
that person resides or maintains a principal place of business within the
state an application for an order to enforce the demand. If the person
does not reside or maintain a principal place of business in Indiana, the
application for the order to enforce the demand may be filed in the
Marion County circuit or superior court. Notice of hearing and a copy
of the application shall be served upon that person, who may appear in
opposition to the application. The attorney general must demonstrate
to the court that the demand is proper. If the court finds that the
demand is proper, it shall order that person to comply with the demand,
subject to such modification as the court may prescribe.
(b) If a person fails or refuses to obey a final order entered under
subsection (a) or an order imposing sanctions under section 6.5 of this
chapter, the court may hold the person in contempt.
(c) Upon motion by that person and for good cause shown, the court
may make any further order in the proceedings which justice requires
to protect the person from unreasonable annoyance, embarrassment,
oppression, burden, expense, or to protect privileged information, trade
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secrets or information which is confidential under any other provision
of law. If the court finds that either party has acted in bad faith in
seeking or resisting the demand, it may order that person to pay the
other parties reasonable expenses including attorney's fees.
(d) In a review of an application for an order to enforce a
demand under IC 25-1-8.5, the court shall:
(1) order any documents submitted to the court to be under
seal;
(2) conduct any review of the documents in camera; and
(3) issue any order related to the case under seal;
to protect all information submitted concerning the review.
SECTION 2. IC 25-1-8.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]:
Chapter 8.5. Reporting of Health Care Entity Mergers and
Acquisitions
Sec. 1. As used in this chapter, "acquisition" means any
agreement, arrangement, or activity the consummation of which
results in a person acquiring directly or indirectly the control of
another person.
Sec. 2. (a) As used in this chapter, "health care entity" means
any of the following:
(1) Any organization or business that provides diagnostic,
medical, surgical, dental treatment, or rehabilitative care.
(2) An insurer that issues a policy of accident and sickness
insurance (as defined in IC 27-8-5-1), except for the following
types of coverage:
(A) Accident only, credit, dental, vision, long term care, or
disability income insurance.
(B) Coverage issued as a supplement to liability insurance.
(C) Automobile medical payment insurance.
(D) A specified disease policy.
(E) A policy that provides indemnity benefits not based on
any expense incurred requirements, including a plan that
provides coverage for:
(i) hospital confinement, critical illness, or intensive care;
or
(ii) gaps for deductibles or copayments.
(F) Worker's compensation or similar insurance.
(G) A student health plan.
(H) A supplemental plan that always pays in addition to
other coverage.
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(3) A health maintenance organization (as defined in
IC 27-13-1-19).
(4) A pharmacy benefit manager (as defined in
IC 27-1-24.5-12).
(5) An administrator (as defined in IC 27-1-25-1).
(6) A private equity partnership, regardless of where the
private equity partnership is located, seeking to enter into a
merger or acquisition with an entity described in subdivisions
(1) through (5).
(b) The term does not include the Medicaid program or the
Medicare program.
Sec. 3. As used in this chapter, "merger" means any change of
ownership, including:
(1) an acquisition or transfer of assets; or
(2) the purchase of stock effectuated by a merger agreement.
Sec. 4. (a) An Indiana health care entity that is involved in a
merger or acquisition with another health care entity with total
assets, including combined entities and holdings, of at least ten
million dollars ($10,000,000) shall, at least ninety (90) days prior
to the date of the merger or acquisition, provide written notice of
the merger or acquisition to the office of the attorney general in a
manner prescribed by the office of the attorney general.
(b) The notice required by subsection (a) must include the
following information from each health care entity:
(1) Business address and federal tax number.
(2) Name and contact information of a representative of the
health care entity concerning the merger or acquisition.
(3) Description of the health care entity.
(4) Description of the merger or acquisition, including the
anticipated timeline.
(5) A copy of any materials that have been submitted to a
federal or state agency concerning the merger or acquisition.
The notice submitted under this section must be certified before a
notary public.
(c) The office of the attorney general shall keep confidential all
nonpublic information, and the confidential information may not
be released to the public.
(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
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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.
SEA 9 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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