Indiana 2024 Regular Session

Indiana Senate Bill SB0168 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 168
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 16-18-2; IC 16-40-6.
7	7	Synopsis: 340B drug program report. Requires an entity authorized to
8	8	participate in the federal 340B Drug Pricing Program to annually report
9	9	specified data to the Indiana department of health (department).
10	10	Requires the department to submit a report of the aggregated data to the
11	11	legislative council and post the report on the department's website.
12	12	Effective: July 1, 2024.
13	13	Charbonneau
14	14	January 8, 2024, read first time and referred to Committee on Health and Provider
15	15	Services.
16	16	2024 IN 168—LS 6718/DI 104 Introduced
17	17	Second Regular Session of the 123rd General Assembly (2024)
18	18	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
19	19	Constitution) is being amended, the text of the existing provision will appear in this style type,
20	20	additions will appear in this style type, and deletions will appear in this style type.
21	21	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
22	22	provision adopted), the text of the new provision will appear in this style type. Also, the
23	23	word NEW will appear in that style type in the introductory clause of each SECTION that adds
24	24	a new provision to the Indiana Code or the Indiana Constitution.
25	25	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
26	26	between statutes enacted by the 2023 Regular Session of the General Assembly.
27	27	SENATE BILL No. 168
28	28	A BILL FOR AN ACT to amend the Indiana Code concerning
29	29	health.
30	30	Be it enacted by the General Assembly of the State of Indiana:
31	31	1 SECTION 1. IC 16-18-2-52.5 IS AMENDED TO READ AS
32	32	2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 52.5. (a) "Charity care",
33	33	3 for purposes of IC 16-21-6, and IC 16-21-9, and IC 16-40-6, means the
34	34	4 unreimbursed cost to a hospital of providing, funding, or otherwise
35	35	5 financially supporting health care services:
36	36	6 (1) to a person classified by the hospital as financially indigent or
37	37	7 medically indigent on an inpatient or outpatient basis; and
38	38	8 (2) to financially indigent patients through other nonprofit or
39	39	9 public outpatient clinics, hospitals, or health care organizations.
40	40	10 (b) As used in this section, "financially indigent" means an
41	41	11 uninsured or underinsured person who is accepted for care with no
42	42	12 obligation or a discounted obligation to pay for the services rendered
43	43	13 based on the hospital's financial criteria and procedure used to
44	44	14 determine if a patient is eligible for charity care. The criteria and
45	45	15 procedure must include income levels and means testing indexed to the
46	46	16 federal poverty guidelines. A hospital may determine that a person is
47	47	17 financially or medically indigent under the hospital's eligibility system
48	48	2024 IN 168—LS 6718/DI 104 2
49	49	1 after health care services are provided.
50	50	2 (c) As used in this section, "medically indigent" means a person
51	51	3 whose medical or hospital bills after payment by third party payors
52	52	4 exceed a specified percentage of the patient's annual gross income as
53	53	5 determined in accordance with the hospital's eligibility system, and
54	54	6 who is financially unable to pay the remaining bill.
55	55	7 SECTION 2. IC 16-18-2-64.5 IS AMENDED TO READ AS
56	56	8 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 64.5. "Community
57	57	9 benefits", for purposes of IC 16-21-9 and IC 16-40-6, has the meaning
58	58	10 set forth in IC 16-21-9-1.
59	59	11 SECTION 3. IC 16-40-6 IS ADDED TO THE INDIANA CODE AS
60	60	12 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
61	61	13 1, 2024]:
62	62	14 Chapter 6. 340B Drug Pricing Program Reporting
63	63	15 Sec. 1. As used in this chapter, "340B covered entity" means an
64	64	16 entity authorized to participate in the federal 340B Drug Pricing
65	65	17 Program under Section 340B(a)(4) of the federal Public Health
66	66	18 Service Act (42 U.S.C. 256b(a)(4)) and includes any pharmacy
67	67	19 under contract with the entity to dispense drugs on behalf of the
68	68	20 entity.
69	69	21 Sec. 2. (a) Before April 1 of each year, a 340B covered entity
70	70	22 shall report the following information to the state department
71	71	23 concerning the 340B covered entity's participation in the federal
72	72	24 340B Drug Pricing Program for the previous calendar year:
73	73	25 (1) The name of the 340B covered entity.
74	74	26 (2) The aggregate acquisition cost for prescription drugs
75	75	27 obtained under the 340B program.
76	76	28 (3) The aggregate payment amount received for drugs
77	77	29 obtained under the 340B program and dispensed to patients.
78	78	30 (4) The aggregate payment made to pharmacies under
79	79	31 contract to dispense drugs obtained under the 340B program.
80	80	32 (5) The number of claims for prescription drugs described in
81	81	33 subdivision (3).
82	82	34 (6) How the 340B covered entity uses any savings from
83	83	35 participating in the 340B program, including the amount of
84	84	36 savings used for the provision of charity care, community
85	85	37 benefits, or a similar program of providing unreimbursed
86	86	38 health care to the indigent.
87	87	39 (b) The information required to be reported under subsection
88	88	40 (a) must be reported by payer type, including the following:
89	89	41 (1) Commercial.
90	90	42 (2) Medicaid.
91	91	2024 IN 168—LS 6718/DI 104 3
92	92	1 (3) Medicare.
93	93	2 (c) The data submitted in the reports required under subsection
94	94	3 (a) is confidential and is not available for public inspection.
95	95	4 (d) Before November 15 of each year, the state department shall
96	96	5 prepare a report that aggregates the data submitted under
97	97	6 subsection (a) and:
98	98	7 (1) submit the report to the legislative council in an electronic
99	99	8 format under IC 5-14-6; and
100	100	9 (2) post the report on the state department's website.
101	101	2024 IN 168—LS 6718/DI 104