| 1 | 1 | | |
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| 2 | 2 | | Introduced Version |
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| 3 | 3 | | HOUSE BILL No. 1632 |
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| 4 | 4 | | _____ |
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| 5 | 5 | | DIGEST OF INTRODUCED BILL |
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| 6 | 6 | | Citations Affected: IC 25-1-8.5-4. |
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| 7 | 7 | | Synopsis: Health care entity mergers. Requires a health care entity |
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| 8 | 8 | | that is involved in a merger or acquisition to disclose additional |
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| 9 | 9 | | information. Allows the office of the attorney general to assess a health |
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| 10 | 10 | | care entity with a civil penalty for noncompliance with the merger and |
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| 11 | 11 | | acquisition notice. |
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| 12 | 12 | | Effective: July 1, 2025. |
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| 13 | 13 | | Smaltz, Barrett, Gore |
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| 14 | 14 | | January 21, 2025, read first time and referred to Committee on Public Health. |
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| 15 | 15 | | 2025 IN 1632—LS 7615/DI 104 Introduced |
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| 16 | 16 | | First Regular Session of the 124th General Assembly (2025) |
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| 17 | 17 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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| 18 | 18 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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| 19 | 19 | | additions will appear in this style type, and deletions will appear in this style type. |
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| 20 | 20 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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| 21 | 21 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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| 22 | 22 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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| 23 | 23 | | a new provision to the Indiana Code or the Indiana Constitution. |
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| 24 | 24 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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| 25 | 25 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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| 26 | 26 | | HOUSE BILL No. 1632 |
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| 27 | 27 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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| 28 | 28 | | professions and occupations. |
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| 29 | 29 | | Be it enacted by the General Assembly of the State of Indiana: |
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| 30 | 30 | | 1 SECTION 1. IC 25-1-8.5-4, AS ADDED BY P.L.95-2024, |
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| 31 | 31 | | 2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 32 | 32 | | 3 JULY 1, 2025]: Sec. 4. (a) An Indiana health care entity that is |
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| 33 | 33 | | 4 involved in a merger or acquisition with another health care entity with |
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| 34 | 34 | | 5 total assets, including combined entities and holdings, of at least ten |
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| 35 | 35 | | 6 million dollars ($10,000,000) shall, at least ninety (90) days prior to the |
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| 36 | 36 | | 7 date of the merger or acquisition, provide written notice of the merger |
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| 37 | 37 | | 8 or acquisition to the office of the attorney general in a manner |
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| 38 | 38 | | 9 prescribed by the office of the attorney general. |
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| 39 | 39 | | 10 (b) The notice required by subsection (a) must include the following |
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| 40 | 40 | | 11 information from each health care entity: |
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| 41 | 41 | | 12 (1) Business address and federal tax number. |
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| 42 | 42 | | 13 (2) Name and contact information of a representative of the health |
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| 43 | 43 | | 14 care entity concerning the merger or acquisition. |
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| 44 | 44 | | 15 (3) Description of the health care entity. |
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| 45 | 45 | | 16 (4) Description of the merger or acquisition, including the |
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| 46 | 46 | | 17 anticipated timeline. |
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| 47 | 47 | | 2025 IN 1632—LS 7615/DI 104 2 |
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| 48 | 48 | | 1 (5) A copy of any materials that have been submitted to a federal |
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| 49 | 49 | | 2 or state agency concerning the merger or acquisition. |
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| 50 | 50 | | 3 (6) A list of all mergers and acquisitions in the previous five |
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| 51 | 51 | | 4 (5) years. |
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| 52 | 52 | | 5 (7) The anticipated market share before and after the merger |
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| 53 | 53 | | 6 or acquisition, as determined by an independent third party. |
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| 54 | 54 | | 7 The notice submitted under this section must be certified before a |
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| 55 | 55 | | 8 notary public. |
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| 56 | 56 | | 9 (c) The office of the attorney general shall keep confidential all |
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| 57 | 57 | | 10 nonpublic information, and the confidential information may not be |
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| 58 | 58 | | 11 released to the public. |
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| 59 | 59 | | 12 (d) Not later than forty-five (45) days from the submission of a |
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| 60 | 60 | | 13 notice under subsection (a), the office of the attorney general: |
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| 61 | 61 | | 14 (1) shall review the information submitted with the notice; and |
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| 62 | 62 | | 15 (2) may analyze in writing any antitrust concerns with the merger |
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| 63 | 63 | | 16 or acquisition. |
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| 64 | 64 | | 17 The office of the attorney general shall provide any written analysis |
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| 65 | 65 | | 18 described in subdivision (2) to the person that submitted the notice |
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| 66 | 66 | | 19 under subsection (a). |
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| 67 | 67 | | 20 (e) The office of the attorney general may issue a civil investigative |
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| 68 | 68 | | 21 demand under IC 4-6-3 to a health care entity that has submitted a |
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| 69 | 69 | | 22 notice under this section for additional information. |
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| 70 | 70 | | 23 (f) Any information received or produced by the office of the |
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| 71 | 71 | | 24 attorney general under this section is confidential. |
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| 72 | 72 | | 25 (g) The office of the attorney general may assess a civil penalty |
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| 73 | 73 | | 26 against a health care entity for noncompliance with this section on |
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| 74 | 74 | | 27 a daily basis with a maximum amount of five thousand dollars |
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| 75 | 75 | | 28 ($5,000) per day for each violation, with the total not exceeding two |
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| 76 | 76 | | 29 million dollars ($2,000,000) for each violation. |
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| 77 | 77 | | 2025 IN 1632—LS 7615/DI 104 |
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