IN
Indiana House Bill HB1666

Indiana 2025 Regular Session

Indiana House Bill HB1666 Compare Versions

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1-*EH1666.2*
2-Reprinted
3-March 25, 2025
1+*EH1666.1*
2+March 21, 2025
43 ENGROSSED
54 HOUSE BILL No. 1666
65 _____
7-DIGEST OF HB 1666 (Updated March 24, 2025 2:25 pm - DI 92)
6+DIGEST OF HB 1666 (Updated March 19, 2025 2:15 pm - DI 104)
87 Citations Affected: IC 12-15; IC 16-18; IC 16-19; IC 16-21;
98 IC 23-0.5; IC 25-1; IC 27-1.
109 Synopsis: Ownership of health care providers. Requires reporting of
1110 certain ownership information by: (1) a hospital to the Indiana
1211 department of health (state department); (2) certain health care entities
1312 to the secretary of state; and (3) an insurer, a third party administrator,
14-and a pharmacy benefit manager to the department of insurance.
13+and a pharmacy benefit manager to the department of insurance..
1514 Requires the secretary of state and the department of insurance to
16-provide the ownership information to the state department. Specifies
17-that the ownership information is confidential and may not be disclosed
18-under the law governing public records and public meetings. Amends
19-the definition of "health care entity" for provisions governing health
20-care entity mergers and acquisitions. Allows the office of the attorney
21-general to investigate the market concentration of a health care entity.
15+provide the ownership information to the state department. Requires
16+the state department to post the ownership information on the state
17+department's website.. Amends the definition of "health care entity" for
18+provisions governing health care entity mergers and acquisitions.
19+Allows the office of the attorney general to investigate the market
20+concentration of a health care entity.
2221 Effective: July 1, 2025; January 1, 2026.
2322 McGuire, Smaltz, Shackleford,
2423 Goss-Reaves
2524 (SENATE SPONSORS — JOHNSON T, GARTEN, CHARBONNEAU)
2625 January 21, 2025, read first time and referred to Committee on Public Health.
2726 February 4, 2025, amended, reported — Do Pass.
2827 February 10, 2025, read second time, amended, ordered engrossed.
2928 February 11, 2025, engrossed.
3029 February 13, 2025, read third time, passed. Yeas 70, nays 25.
3130 SENATE ACTION
3231 March 3, 2025, read first time and referred to Committee on Health and Provider Services.
3332 March 20, 2025, amended, reported favorably — Do Pass.
34-March 24, 2025, read second time, amended, ordered engrossed.
35-EH 1666—LS 7760/DI 92 Reprinted
36-March 25, 2025
33+EH 1666—LS 7760/DI 92 March 21, 2025
3734 First Regular Session of the 124th General Assembly (2025)
3835 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3936 Constitution) is being amended, the text of the existing provision will appear in this style type,
4037 additions will appear in this style type, and deletions will appear in this style type.
4138 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
4239 provision adopted), the text of the new provision will appear in this style type. Also, the
4340 word NEW will appear in that style type in the introductory clause of each SECTION that adds
4441 a new provision to the Indiana Code or the Indiana Constitution.
4542 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
4643 between statutes enacted by the 2024 Regular Session of the General Assembly.
4744 ENGROSSED
4845 HOUSE BILL No. 1666
4946 A BILL FOR AN ACT to amend the Indiana Code concerning
5047 health.
5148 Be it enacted by the General Assembly of the State of Indiana:
5249 1 SECTION 1. IC 12-15-1-18.5, AS ADDED BY P.L.203-2023,
5350 2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5451 3 JULY 1, 2025]: Sec. 18.5. (a) The payer affordability penalty fund is
5552 4 established for the purpose of receiving fines collected under
5653 5 IC 16-21-6-3, IC 27-1-4.5-7, and fines collected under IC 27-2-25.5 to
5754 6 be used for:
5855 7 (1) the state's share of the Medicaid program; and
5956 8 (2) a study of hospitals that are impacted by changes made in the
6057 9 disproportionate share hospital methodology payments set forth
6158 10 in Section 203 of the federal Consolidated Appropriations Act of
6259 11 2021.
6360 12 The office of the secretary shall perform the study and provide the
6461 13 results of the study described in subdivision (2) to the budget
6562 14 committee.
6663 15 (b) The fund shall be administered by the office of the secretary.
6764 16 (c) The expenses of administering the fund shall be paid from
6865 17 money in the fund.
6966 EH 1666—LS 7760/DI 92 2
7067 1 (d) The treasurer of state shall invest the money in the fund not
7168 2 currently needed to meet the obligations of the fund in the same
7269 3 manner as other public money may be invested. Interest that accrues
7370 4 from these investments shall be deposited in the fund.
7471 5 (e) Money in the fund at the end of a state fiscal year does not revert
7572 6 to the state general fund.
7673 7 (f) Money in the fund is continually appropriated.
7774 8 SECTION 2. IC 16-18-2-79.1 IS ADDED TO THE INDIANA
7875 9 CODE AS A NEW SECTION TO READ AS FOLLOWS
7976 10 [EFFECTIVE JULY 1, 2025]: Sec. 79.1. "Controlling", for purposes
8077 11 of IC 16-21-6, has the meaning set forth in IC 16-21-6-0.3.
8178 12 SECTION 3. IC 16-19-3-35 IS ADDED TO THE INDIANA CODE
8279 13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
8380 14 1, 2025]: Sec. 35. (a) The state department shall cooperate with the
8481 15 secretary of state and the department of insurance to develop and
85-16 implement a plan to collect the information described in
86-17 IC 16-21-6-3(a)(14) through IC 16-21-6-3(a)(17),
87-18 IC 23-0.5-2-13(a)(6), and IC 27-1-4.5-5.
88-19 (b) Information described in subsection (a) is confidential and
89-20 may not be disclosed under IC 5-14.
90-21 SECTION 4. IC 16-21-6-0.3 IS ADDED TO THE INDIANA CODE
91-22 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
92-23 1, 2025]: Sec. 0.3. As used in this chapter, "controlling" has the
93-24 meaning set forth in IC 23-1-43-8.
94-25 SECTION 5. IC 16-21-6-3, AS AMENDED BY P.L.152-2024,
95-26 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
96-27 JULY 1, 2025]: Sec. 3. (a) Each hospital shall file with the state
97-28 department a report for the preceding fiscal year within one hundred
98-29 twenty (120) days after the end of the hospital's fiscal year. For the
99-30 filing of a report, the state department may grant an extension of the
100-31 time to file the report if the hospital shows good cause for the
101-32 extension. The report must contain the following:
102-33 (1) A copy of the hospital's balance sheet, including a statement
103-34 describing the hospital's total assets and total liabilities.
104-35 (2) A copy of the hospital's income statement.
105-36 (3) A statement of changes in financial position.
106-37 (4) A statement of changes in fund balance.
107-38 (5) Accountant notes pertaining to the report.
108-39 (6) A copy of the hospital's report required to be filed annually
109-40 under 42 U.S.C. 1395g, and other appropriate utilization and
110-41 financial reports required to be filed under federal statutory law.
111-42 (7) Net patient revenue and total number of paid claims, including
82+16 implement a plan to:
83+17 (1) collect the information described in IC 16-21-6-3(a)(14)
84+18 through IC 16-21-6-3(a)(17), IC 23-0.5-2-13(a)(6), and
85+19 IC 27-1-4.5-5; and
86+20 (2) make the information publicly available as set forth in this
87+21 section.
88+22 (b) Before December 1 of each year, the state department shall
89+23 publicly post the information:
90+24 (1) collected under IC 16-21-6-3(a)(14) through
91+25 IC 16-21-6-3(a)(17); and
92+26 (2) received from the:
93+27 (A) secretary of state under IC 23-0.5-2-13(a)(6); or
94+28 (B) department of insurance under IC 27-1-4.5-6;
95+29 on the state department's website.
96+30 SECTION 4. IC 16-21-6-0.3 IS ADDED TO THE INDIANA CODE
97+31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
98+32 1, 2025]: Sec. 0.3. As used in this chapter, "controlling" has the
99+33 meaning set forth in IC 23-1-43-8.
100+34 SECTION 5. IC 16-21-6-3, AS AMENDED BY P.L.152-2024,
101+35 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
102+36 JULY 1, 2025]: Sec. 3. (a) Each hospital shall file with the state
103+37 department a report for the preceding fiscal year within one hundred
104+38 twenty (120) days after the end of the hospital's fiscal year. For the
105+39 filing of a report, the state department may grant an extension of the
106+40 time to file the report if the hospital shows good cause for the
107+41 extension. The report must contain the following:
108+42 (1) A copy of the hospital's balance sheet, including a statement
112109 EH 1666—LS 7760/DI 92 3
113-1 providing the information as follows:
114-2 (A) The net patient revenue and total number of paid claims
115-3 for inpatient services for:
116-4 (i) Medicare;
117-5 (ii) Medicaid;
118-6 (iii) commercial insurance, including inpatient services
119-7 provided to patients participating in a fully-funded health
120-8 insurance plan or a self-funded health insurance plan;
121-9 (iv) self-pay; and
122-10 (v) any other category of payer.
123-11 (B) The net patient revenue and total number of paid claims
124-12 for outpatient services for:
110+1 describing the hospital's total assets and total liabilities.
111+2 (2) A copy of the hospital's income statement.
112+3 (3) A statement of changes in financial position.
113+4 (4) A statement of changes in fund balance.
114+5 (5) Accountant notes pertaining to the report.
115+6 (6) A copy of the hospital's report required to be filed annually
116+7 under 42 U.S.C. 1395g, and other appropriate utilization and
117+8 financial reports required to be filed under federal statutory law.
118+9 (7) Net patient revenue and total number of paid claims, including
119+10 providing the information as follows:
120+11 (A) The net patient revenue and total number of paid claims
121+12 for inpatient services for:
125122 13 (i) Medicare;
126123 14 (ii) Medicaid;
127-15 (iii) commercial insurance, including outpatient services
124+15 (iii) commercial insurance, including inpatient services
128125 16 provided to patients participating in a fully-funded health
129126 17 insurance plan or a self-funded health insurance plan;
130127 18 (iv) self-pay; and
131128 19 (v) any other category of payer.
132-20 (C) The total net patient revenue and total number of paid
133-21 claims for:
129+20 (B) The net patient revenue and total number of paid claims
130+21 for outpatient services for:
134131 22 (i) Medicare;
135132 23 (ii) Medicaid;
136-24 (iii) commercial insurance, including the total net patient
137-25 revenue for services provided to patients participating in a
138-26 fully-funded health insurance plan or a self-funded health
139-27 insurance plan;
140-28 (iv) self-pay; and
141-29 (v) any other category of payer.
142-30 (8) Net patient revenue and total number of paid claims from
143-31 facility fees, including providing the information as follows:
144-32 (A) The net patient revenue and total number of paid claims
145-33 for inpatient services from facility fees for:
146-34 (i) Medicare;
147-35 (ii) Medicaid;
148-36 (iii) commercial insurance, including inpatient services from
149-37 facility fees provided to patients participating in a
150-38 fully-funded health insurance plan or a self-funded health
151-39 insurance plan;
152-40 (iv) self-pay; and
153-41 (v) any other category of payer.
154-42 (B) The net patient revenue and total number of paid claims
133+24 (iii) commercial insurance, including outpatient services
134+25 provided to patients participating in a fully-funded health
135+26 insurance plan or a self-funded health insurance plan;
136+27 (iv) self-pay; and
137+28 (v) any other category of payer.
138+29 (C) The total net patient revenue and total number of paid
139+30 claims for:
140+31 (i) Medicare;
141+32 (ii) Medicaid;
142+33 (iii) commercial insurance, including the total net patient
143+34 revenue for services provided to patients participating in a
144+35 fully-funded health insurance plan or a self-funded health
145+36 insurance plan;
146+37 (iv) self-pay; and
147+38 (v) any other category of payer.
148+39 (8) Net patient revenue and total number of paid claims from
149+40 facility fees, including providing the information as follows:
150+41 (A) The net patient revenue and total number of paid claims
151+42 for inpatient services from facility fees for:
155152 EH 1666—LS 7760/DI 92 4
156-1 for outpatient services from facility fees for:
157-2 (i) Medicare;
158-3 (ii) Medicaid;
159-4 (iii) commercial insurance, including outpatient services
160-5 from facility fees provided to patients participating in a
161-6 fully-funded health insurance plan or a self-funded health
162-7 insurance plan;
163-8 (iv) self-pay; and
164-9 (v) any other category of payer.
165-10 (C) The total net patient revenue and total number of paid
166-11 claims from facility fees for:
167-12 (i) Medicare;
168-13 (ii) Medicaid;
169-14 (iii) commercial insurance, including the total net patient
170-15 revenue from facility fees provided to patients participating
171-16 in a fully-funded health insurance plan or a self-funded
172-17 health insurance plan;
173-18 (iv) self-pay; and
174-19 (v) any other category of payer.
175-20 (9) Net patient revenue and total number of paid claims from
176-21 professional fees, including providing the information as follows:
177-22 (A) The net patient revenue and total number of paid claims
178-23 for inpatient services from professional fees for:
179-24 (i) Medicare;
180-25 (ii) Medicaid;
181-26 (iii) commercial insurance, including inpatient services from
182-27 professional fees provided to patients participating in a
183-28 fully-funded health insurance plan or a self-funded health
184-29 insurance plan;
185-30 (iv) self-pay; and
186-31 (v) any other category of payer.
187-32 (B) The net patient revenue and total number of paid claims
188-33 for outpatient services from professional fees for:
189-34 (i) Medicare;
190-35 (ii) Medicaid;
191-36 (iii) commercial insurance, including outpatient services
192-37 from professional fees provided to patients participating in
193-38 a fully-funded health insurance plan or a self-funded health
194-39 insurance plan;
195-40 (iv) self-pay; and
196-41 (v) any other category of payer.
197-42 (C) The total net patient revenue and total number of paid
153+1 (i) Medicare;
154+2 (ii) Medicaid;
155+3 (iii) commercial insurance, including inpatient services from
156+4 facility fees provided to patients participating in a
157+5 fully-funded health insurance plan or a self-funded health
158+6 insurance plan;
159+7 (iv) self-pay; and
160+8 (v) any other category of payer.
161+9 (B) The net patient revenue and total number of paid claims
162+10 for outpatient services from facility fees for:
163+11 (i) Medicare;
164+12 (ii) Medicaid;
165+13 (iii) commercial insurance, including outpatient services
166+14 from facility fees provided to patients participating in a
167+15 fully-funded health insurance plan or a self-funded health
168+16 insurance plan;
169+17 (iv) self-pay; and
170+18 (v) any other category of payer.
171+19 (C) The total net patient revenue and total number of paid
172+20 claims from facility fees for:
173+21 (i) Medicare;
174+22 (ii) Medicaid;
175+23 (iii) commercial insurance, including the total net patient
176+24 revenue from facility fees provided to patients participating
177+25 in a fully-funded health insurance plan or a self-funded
178+26 health insurance plan;
179+27 (iv) self-pay; and
180+28 (v) any other category of payer.
181+29 (9) Net patient revenue and total number of paid claims from
182+30 professional fees, including providing the information as follows:
183+31 (A) The net patient revenue and total number of paid claims
184+32 for inpatient services from professional fees for:
185+33 (i) Medicare;
186+34 (ii) Medicaid;
187+35 (iii) commercial insurance, including inpatient services from
188+36 professional fees provided to patients participating in a
189+37 fully-funded health insurance plan or a self-funded health
190+38 insurance plan;
191+39 (iv) self-pay; and
192+40 (v) any other category of payer.
193+41 (B) The net patient revenue and total number of paid claims
194+42 for outpatient services from professional fees for:
198195 EH 1666—LS 7760/DI 92 5
199-1 claims from professional fees for:
200-2 (i) Medicare;
201-3 (ii) Medicaid;
202-4 (iii) commercial insurance, including the total net patient
203-5 revenue from professional fees provided to patients
204-6 participating in a fully-funded health insurance plan or a
205-7 self-funded health insurance plan;
206-8 (iv) self-pay; and
207-9 (v) any other category of payer.
208-10 (10) A statement including:
209-11 (A) Medicare gross revenue;
210-12 (B) Medicaid gross revenue;
211-13 (C) other revenue from state programs;
212-14 (D) revenue from local government programs;
213-15 (E) local tax support;
214-16 (F) charitable contributions;
215-17 (G) other third party payments;
216-18 (H) gross inpatient revenue;
217-19 (I) gross outpatient revenue;
218-20 (J) contractual allowance;
219-21 (K) any other deductions from revenue;
220-22 (L) charity care provided;
221-23 (M) itemization of bad debt expense; and
222-24 (N) an estimation of the unreimbursed cost of subsidized
223-25 health services.
224-26 (11) A statement itemizing donations.
225-27 (12) A statement describing the total cost of reimbursed and
226-28 unreimbursed research.
227-29 (13) A statement describing the total cost of reimbursed and
228-30 unreimbursed education separated into the following categories:
229-31 (A) Education of physicians, nurses, technicians, and other
230-32 medical professionals and health care providers.
231-33 (B) Scholarships and funding to medical schools, and other
232-34 postsecondary educational institutions for health professions
233-35 education.
234-36 (C) Education of patients concerning diseases and home care
235-37 in response to community needs.
236-38 (D) Community health education through informational
237-39 programs, publications, and outreach activities in response to
238-40 community needs.
239-41 (E) Other educational services resulting in education related
240-42 costs.
196+1 (i) Medicare;
197+2 (ii) Medicaid;
198+3 (iii) commercial insurance, including outpatient services
199+4 from professional fees provided to patients participating in
200+5 a fully-funded health insurance plan or a self-funded health
201+6 insurance plan;
202+7 (iv) self-pay; and
203+8 (v) any other category of payer.
204+9 (C) The total net patient revenue and total number of paid
205+10 claims from professional fees for:
206+11 (i) Medicare;
207+12 (ii) Medicaid;
208+13 (iii) commercial insurance, including the total net patient
209+14 revenue from professional fees provided to patients
210+15 participating in a fully-funded health insurance plan or a
211+16 self-funded health insurance plan;
212+17 (iv) self-pay; and
213+18 (v) any other category of payer.
214+19 (10) A statement including:
215+20 (A) Medicare gross revenue;
216+21 (B) Medicaid gross revenue;
217+22 (C) other revenue from state programs;
218+23 (D) revenue from local government programs;
219+24 (E) local tax support;
220+25 (F) charitable contributions;
221+26 (G) other third party payments;
222+27 (H) gross inpatient revenue;
223+28 (I) gross outpatient revenue;
224+29 (J) contractual allowance;
225+30 (K) any other deductions from revenue;
226+31 (L) charity care provided;
227+32 (M) itemization of bad debt expense; and
228+33 (N) an estimation of the unreimbursed cost of subsidized
229+34 health services.
230+35 (11) A statement itemizing donations.
231+36 (12) A statement describing the total cost of reimbursed and
232+37 unreimbursed research.
233+38 (13) A statement describing the total cost of reimbursed and
234+39 unreimbursed education separated into the following categories:
235+40 (A) Education of physicians, nurses, technicians, and other
236+41 medical professionals and health care providers.
237+42 (B) Scholarships and funding to medical schools, and other
241238 EH 1666—LS 7760/DI 92 6
242-1 (14) The name of each person or entity that has:
243-2 (A) an ownership interest of at least five percent (5%);
244-3 (B) a controlling interest; or
245-4 (C) an interest as a private equity partner;
246-5 in the hospital.
247-6 (15) The business address of each person or entity identified
248-7 under subdivision (14). The business address must include a:
249-8 (A) building number;
250-9 (B) street name;
251-10 (C) city name;
252-11 (D) ZIP code; and
253-12 (E) country name.
254-13 The business address may not include a post office box
255-14 number.
256-15 (16) The business website, if applicable, of each person or
257-16 entity identified under subdivision (14).
258-17 (17) Any of the following identification numbers, if applicable,
259-18 for a person or entity identified under subdivision (14):
260-19 (A) National provider identifier (NPI).
261-20 (B) Taxpayer identification number (TIN).
262-21 (C) Employer identification number (EIN).
263-22 (D) CMS certification number (CCN).
264-23 (E) National Association of Insurance Commissioners
265-24 (NAIC) identification number.
266-25 (F) A personal identification number associated with a
267-26 license issued by the department of insurance.
268-27 A hospital may not include the Social Security number of any
269-28 individual.
270-29 (18) The ownership stake of each person or entity identified
271-30 under subdivision (14).
272-31 (b) The information in the report filed under subsection (a) must be
273-32 provided from reports or audits certified by an independent certified
274-33 public accountant or by the state board of accounts.
275-34 (c) A hospital that fails to file the report required under subsection
276-35 (a) by the date required shall pay to the state department a fine of one
277-36 thousand dollars ($1,000) per day for which the report is past due. A
278-37 fine under this subsection shall be deposited into the payer affordability
279-38 penalty fund established by IC 12-15-1-18.5.
280-39 SECTION 6. IC 23-0.5-2-12.5 IS ADDED TO THE INDIANA
281-40 CODE AS A NEW SECTION TO READ AS FOLLOWS
282-41 [EFFECTIVE JANUARY 1, 2026]: Sec. 12.5. (a) As used in section
283-42 13 of this chapter, "health care entity" means any organization or
239+1 postsecondary educational institutions for health professions
240+2 education.
241+3 (C) Education of patients concerning diseases and home care
242+4 in response to community needs.
243+5 (D) Community health education through informational
244+6 programs, publications, and outreach activities in response to
245+7 community needs.
246+8 (E) Other educational services resulting in education related
247+9 costs.
248+10 (14) The name of each person or entity that has:
249+11 (A) an ownership interest of at least five percent (5%);
250+12 (B) a controlling interest; or
251+13 (C) an interest as a private equity partner;
252+14 in the hospital.
253+15 (15) The business address of each person or entity identified
254+16 under subdivision (14). The business address must include a:
255+17 (A) building number;
256+18 (B) street name;
257+19 (C) city name;
258+20 (D) ZIP code; and
259+21 (E) country name.
260+22 The business address may not include a post office box
261+23 number.
262+24 (16) The business website, if applicable, of each person or
263+25 entity identified under subdivision (14).
264+26 (17) Any of the following identification numbers, if applicable,
265+27 for a person or entity identified under subdivision (14):
266+28 (A) National provider identifier (NPI).
267+29 (B) Taxpayer identification number (TIN).
268+30 (C) Employer identification number (EIN).
269+31 (D) CMS certification number (CCN).
270+32 (E) National Association of Insurance Commissioners
271+33 (NAIC) identification number.
272+34 (F) A personal identification number associated with a
273+35 license issued by the department of insurance.
274+36 A hospital may not include the Social Security number of any
275+37 individual.
276+38 (18) The ownership stake of each person or entity identified
277+39 under subdivision (14).
278+40 (b) The information in the report filed under subsection (a) must be
279+41 provided from reports or audits certified by an independent certified
280+42 public accountant or by the state board of accounts.
284281 EH 1666—LS 7760/DI 92 7
285-1 business that provides health care services. The term does not
286-2 include the following:
287-3 (1) A hospital.
288-4 (2) A physician group practice.
289-5 (3) An insurer (as defined in IC 27-1-4.5-2).
290-6 (4) A pharmacy benefit manager (as defined in IC 27-1-4.5-3).
291-7 (5) A third party administrator (as defined in IC 27-1-4.5-4).
292-8 (6) A person or entity that does not accept commercial health
293-9 insurance reimbursement.
294-10 (b) As used in this section, "health care services" means any
295-11 diagnostic, medical, surgical, dental treatment, or rehabilitative
296-12 care for the purpose of preventing, alleviating, curing, or healing
297-13 human illness or injury.
298-14 SECTION 7. IC 23-0.5-2-13, AS AMENDED BY P.L.52-2018,
299-15 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
300-16 JANUARY 1, 2026]: Sec. 13. (a) A domestic filing entity or registered
301-17 foreign entity shall deliver to the secretary of state for filing a biennial
302-18 report that states:
303-19 (1) the name of the entity and, if a registered foreign entity, its
304-20 jurisdiction of formation;
305-21 (2) the information required by IC 23-0.5-4-3(b);
306-22 (3) the street address of the entity's principal office;
307-23 (4) for a corporation, the names and business addresses of its
308-24 directors, secretary, and the highest executive office of the
309-25 corporation; and
310-26 (5) for a nonprofit corporation, the names and business or resident
311-27 addresses of its directors, secretary, and highest executive office;
312-28 and
313-29 (6) for a health care entity, the information required under
314-30 section 14 of this chapter.
315-31 (b) Information in a biennial report must be current as of the date
316-32 the report is signed by the entity.
317-33 (c) The biennial report must be delivered to the secretary of state for
318-34 filing every two (2) calendar years on a schedule determined by the
319-35 secretary of state. The secretary of state may accept biennial reports
320-36 during the ninety (90) days before the month in which the biennial
321-37 report is due.
322-38 (d) If a biennial report does not contain the information required by
323-39 this section, the secretary of state promptly shall notify the reporting
324-40 entity in a record and return the report for correction. If the report is
325-41 corrected to contain the information required by this section and
326-42 delivered to the secretary of state within thirty (30) days after the
282+1 (c) A hospital that fails to file the report required under subsection
283+2 (a) by the date required shall pay to the state department a fine of one
284+3 thousand dollars ($1,000) per day for which the report is past due. A
285+4 fine under this subsection shall be deposited into the payer affordability
286+5 penalty fund established by IC 12-15-1-18.5.
287+6 SECTION 6. IC 23-0.5-2-12.5 IS ADDED TO THE INDIANA
288+7 CODE AS A NEW SECTION TO READ AS FOLLOWS
289+8 [EFFECTIVE JANUARY 1, 2026]: Sec. 12.5. (a) As used in section
290+9 13 of this chapter, "health care entity" means any organization or
291+10 business that provides health care services. The term does not
292+11 include the following:
293+12 (1) A hospital.
294+13 (2) A physician group practice.
295+14 (3) An insurer (as defined in IC 27-1-4.5-2).
296+15 (4) A pharmacy benefit manager (as defined in IC 27-1-4.5-3).
297+16 (5) A third party administrator (as defined in IC 27-1-4.5-4).
298+17 (6) A person or entity that does not accept commercial health
299+18 insurance reimbursement.
300+19 (b) As used in this section, "health care services" means any
301+20 diagnostic, medical, surgical, dental treatment, or rehabilitative
302+21 care for the purpose of preventing, alleviating, curing, or healing
303+22 human illness or injury.
304+23 SECTION 7. IC 23-0.5-2-13, AS AMENDED BY P.L.52-2018,
305+24 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
306+25 JANUARY 1, 2026]: Sec. 13. (a) A domestic filing entity or registered
307+26 foreign entity shall deliver to the secretary of state for filing a biennial
308+27 report that states:
309+28 (1) the name of the entity and, if a registered foreign entity, its
310+29 jurisdiction of formation;
311+30 (2) the information required by IC 23-0.5-4-3(b);
312+31 (3) the street address of the entity's principal office;
313+32 (4) for a corporation, the names and business addresses of its
314+33 directors, secretary, and the highest executive office of the
315+34 corporation; and
316+35 (5) for a nonprofit corporation, the names and business or resident
317+36 addresses of its directors, secretary, and highest executive office;
318+37 and
319+38 (6) for a health care entity, the information required under
320+39 section 14 of this chapter.
321+40 (b) Information in a biennial report must be current as of the date
322+41 the report is signed by the entity.
323+42 (c) The biennial report must be delivered to the secretary of state for
327324 EH 1666—LS 7760/DI 92 8
328-1 effective date of notice, the report is considered to be timely filed.
329-2 (e) If a biennial report contains information required by
330-3 IC 23-0.5-4-3(b) which differs from the information shown in the
331-4 records of the secretary of state immediately before the report becomes
332-5 effective, the differing information is considered a statement of change
333-6 under IC 23-0.5-4-7.
334-7 (f) A biennial report filed under this section may not specify a future
335-8 effective date.
336-9 SECTION 8. IC 23-0.5-2-14 IS ADDED TO THE INDIANA CODE
337-10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
338-11 JANUARY 1, 2026]: Sec. 14. (a) Each health care entity that does
339-12 business in Indiana shall report the following information as part
340-13 of the report under this chapter:
341-14 (1) The name of each person or entity that has:
342-15 (A) an ownership interest of at least five percent (5%);
343-16 (B) a controlling interest; or
344-17 (C) an interest as a private equity partner;
345-18 in the health care entity.
346-19 (2) The business address of each person or entity identified
347-20 under subdivision (1). The business address must include a:
348-21 (A) building number;
349-22 (B) street name;
350-23 (C) city name;
351-24 (D) ZIP code; and
352-25 (E) country name.
353-26 The business address may not include a post office box
354-27 number.
355-28 (3) The business website, if applicable, of each person or
356-29 entity identified under subdivision (1).
357-30 (4) Any of the following identification numbers, if applicable,
358-31 for a person or entity identified under subdivision (1):
359-32 (A) National provider identifier (NPI).
360-33 (B) Taxpayer identification number (TIN).
361-34 (C) Employer identification number (EIN).
362-35 (D) CMS certification number (CCN).
363-36 (E) National Association of Insurance Commissioners
364-37 (NAIC) identification number.
365-38 (F) A personal identification number associated with a
366-39 license issued by the department of insurance.
367-40 A report provided under this section may not include the
368-41 Social Security number of any individual.
369-42 (b) The secretary of state shall cooperate with the Indiana
325+1 filing every two (2) calendar years on a schedule determined by the
326+2 secretary of state. The secretary of state may accept biennial reports
327+3 during the ninety (90) days before the month in which the biennial
328+4 report is due.
329+5 (d) If a biennial report does not contain the information required by
330+6 this section, the secretary of state promptly shall notify the reporting
331+7 entity in a record and return the report for correction. If the report is
332+8 corrected to contain the information required by this section and
333+9 delivered to the secretary of state within thirty (30) days after the
334+10 effective date of notice, the report is considered to be timely filed.
335+11 (e) If a biennial report contains information required by
336+12 IC 23-0.5-4-3(b) which differs from the information shown in the
337+13 records of the secretary of state immediately before the report becomes
338+14 effective, the differing information is considered a statement of change
339+15 under IC 23-0.5-4-7.
340+16 (f) A biennial report filed under this section may not specify a future
341+17 effective date.
342+18 SECTION 8. IC 23-0.5-2-14 IS ADDED TO THE INDIANA CODE
343+19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
344+20 JANUARY 1, 2026]: Sec. 14. (a) Each health care entity that does
345+21 business in Indiana shall report the following information as part
346+22 of the report under this chapter:
347+23 (1) The name of each person or entity that has:
348+24 (A) an ownership interest of at least five percent (5%);
349+25 (B) a controlling interest; or
350+26 (C) an interest as a private equity partner;
351+27 in the health care entity.
352+28 (2) The business address of each person or entity identified
353+29 under subdivision (1). The business address must include a:
354+30 (A) building number;
355+31 (B) street name;
356+32 (C) city name;
357+33 (D) ZIP code; and
358+34 (E) country name.
359+35 The business address may not include a post office box
360+36 number.
361+37 (3) The business website, if applicable, of each person or
362+38 entity identified under subdivision (1).
363+39 (4) Any of the following identification numbers, if applicable,
364+40 for a person or entity identified under subdivision (1):
365+41 (A) National provider identifier (NPI).
366+42 (B) Taxpayer identification number (TIN).
370367 EH 1666—LS 7760/DI 92 9
371-1 department of health and the department of insurance to develop
372-2 and implement a plan to collect the information described in this
373-3 section.
374-4 (c) Information described in subsection (b) is confidential and
375-5 may not be disclosed under IC 5-14.
376-6 SECTION 9. IC 25-1-8.5-2, AS ADDED BY P.L.95-2024,
377-7 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
378-8 JULY 1, 2025]: Sec. 2. (a) As used in this chapter, "health care entity"
379-9 means any of the following:
380-10 (1) Any Except as provided in subsection (b), an organization
381-11 or business that provides diagnostic, medical, surgical, dental
382-12 treatment, or rehabilitative care.
383-13 (2) An insurer that issues a policy of accident and sickness
384-14 insurance (as defined in IC 27-8-5-1), except for the following
385-15 types of coverage:
386-16 (A) Accident only, credit, dental, vision, long term care, or
387-17 disability income insurance.
388-18 (B) Coverage issued as a supplement to liability insurance.
389-19 (C) Automobile medical payment insurance.
390-20 (D) A specified disease policy.
391-21 (E) A policy that provides indemnity benefits not based on any
392-22 expense incurred requirements, including a plan that provides
393-23 coverage for:
394-24 (i) hospital confinement, critical illness, or intensive care; or
395-25 (ii) gaps for deductibles or copayments.
396-26 (F) Worker's compensation or similar insurance.
397-27 (G) A student health plan.
398-28 (H) A supplemental plan that always pays in addition to other
399-29 coverage.
400-30 (3) A health maintenance organization (as defined in
401-31 IC 27-13-1-19).
402-32 (4) A pharmacy benefit manager (as defined in IC 27-1-24.5-12).
403-33 (5) An administrator (as defined in IC 27-1-25-1).
404-34 (6) A private equity partnership, regardless of where the private
405-35 equity partnership is located, seeking to enter into a merger or
406-36 acquisition with an entity described in subdivisions (1) through
407-37 (5).
408-38 (b) The term does not include:
409-39 (1) a health care provider (as defined by IC 4-6-14-2) that is
410-40 majority owned, or that would be majority owned after the
411-41 merger or acquisition, by practitioners who:
412-42 (A) are licensed in Indiana; and
368+1 (C) Employer identification number (EIN).
369+2 (D) CMS certification number (CCN).
370+3 (E) National Association of Insurance Commissioners
371+4 (NAIC) identification number.
372+5 (F) A personal identification number associated with a
373+6 license issued by the department of insurance.
374+7 A report provided under this section may not include the
375+8 Social Security number of any individual.
376+9 (b) The secretary of state shall cooperate with the Indiana
377+10 department of health and the department of insurance to:
378+11 (1) develop and implement a plan to collect the information
379+12 described in this section; and
380+13 (2) make the information publicly available, as set forth in
381+14 IC 16-19-3-35.
382+15 SECTION 9. IC 25-1-8.5-2, AS ADDED BY P.L.95-2024,
383+16 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
384+17 JULY 1, 2025]: Sec. 2. (a) As used in this chapter, "health care entity"
385+18 means any of the following:
386+19 (1) Any Except as provided in subsection (b), an organization
387+20 or business that provides diagnostic, medical, surgical, dental
388+21 treatment, or rehabilitative care.
389+22 (2) An insurer that issues a policy of accident and sickness
390+23 insurance (as defined in IC 27-8-5-1), except for the following
391+24 types of coverage:
392+25 (A) Accident only, credit, dental, vision, long term care, or
393+26 disability income insurance.
394+27 (B) Coverage issued as a supplement to liability insurance.
395+28 (C) Automobile medical payment insurance.
396+29 (D) A specified disease policy.
397+30 (E) A policy that provides indemnity benefits not based on any
398+31 expense incurred requirements, including a plan that provides
399+32 coverage for:
400+33 (i) hospital confinement, critical illness, or intensive care; or
401+34 (ii) gaps for deductibles or copayments.
402+35 (F) Worker's compensation or similar insurance.
403+36 (G) A student health plan.
404+37 (H) A supplemental plan that always pays in addition to other
405+38 coverage.
406+39 (3) A health maintenance organization (as defined in
407+40 IC 27-13-1-19).
408+41 (4) A pharmacy benefit manager (as defined in IC 27-1-24.5-12).
409+42 (5) An administrator (as defined in IC 27-1-25-1).
413410 EH 1666—LS 7760/DI 92 10
414-1 (B) routinely provide health care services in the
415-2 practitioner owned practice;
416-3 (2) the Medicaid program; or
417-4 (3) the Medicare program.
418-5 SECTION 10. IC 25-1-8.5-3.7 IS ADDED TO THE INDIANA
419-6 CODE AS A NEW SECTION TO READ AS FOLLOWS
420-7 [EFFECTIVE JULY 1, 2025]: Sec. 3.7. (a) The office of the attorney
421-8 general may at any time investigate the market concentration of a
422-9 health care entity. The office of the attorney general may issue a
423-10 civil investigative demand under IC 4-6-3 to a health care entity
424-11 subject to an investigation conducted under this section.
425-12 (b) The office of the attorney general shall keep confidential all
426-13 nonpublic information obtained in the course of an investigation
427-14 conducted under this section. Confidential information may not be
428-15 released to the public.
429-16 SECTION 11. IC 27-1-4.5 IS ADDED TO THE INDIANA CODE
430-17 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
431-18 JULY 1, 2025]:
432-19 Chapter 4.5. Disclosure of Ownership Information
433-20 Sec. 1. As used in this chapter, "controlling" has the meaning set
434-21 forth in IC 23-1-43-8.
435-22 Sec. 2. As used in this chapter, "insurer" includes the following:
436-23 (1) An insurer (as defined in IC 27-1-2-3(x)) that issues a
437-24 policy of accident and sickness insurance (as defined in
438-25 IC 27-8-5-1(a)). However, the term does not include the
439-26 coverages described in IC 27-8-5-2.5(a).
440-27 (2) A health maintenance organization (as defined in
441-28 IC 27-13-1-19) that provides coverage for basic health care
442-29 services (as defined in IC 27-13-1-4).
443-30 (3) A managed care organization (as defined in
444-31 IC 12-7-2-126.9) that provides services to a Medicaid
445-32 recipient.
446-33 (4) A prepaid health care delivery plan under IC 5-10-8-7(c)
447-34 that provides group health coverage for state employees.
448-35 Sec. 3. As used in this chapter, "pharmacy benefit manager" has
449-36 the meaning set forth in IC 27-1-24.5-12.
450-37 Sec. 4. As used in this chapter, "third party administrator"
451-38 means an individual or entity that performs administrative services
452-39 for an insurer or a self-funded health benefit plan, including:
453-40 (1) a self-funded health benefit plan that complies with the
454-41 federal Employee Retirement Income Security Act (ERISA)
455-42 of 1974 (29 U.S.C. 1001 et seq.); and
411+1 (6) A private equity partnership, regardless of where the private
412+2 equity partnership is located, seeking to enter into a merger or
413+3 acquisition with an entity described in subdivisions (1) through
414+4 (5).
415+5 (b) The term does not include:
416+6 (1) a health care provider (as defined by IC 4-6-14-2) that is
417+7 majority owned, or that would be majority owned after the
418+8 merger or acquisition, by practitioners who:
419+9 (A) are licensed in Indiana; and
420+10 (B) routinely provide health care services in the
421+11 practitioner owned practice;
422+12 (2) the Medicaid program; or
423+13 (3) the Medicare program.
424+14 SECTION 10. IC 25-1-8.5-3.7 IS ADDED TO THE INDIANA
425+15 CODE AS A NEW SECTION TO READ AS FOLLOWS
426+16 [EFFECTIVE JULY 1, 2025]: Sec. 3.7. (a) The office of the attorney
427+17 general may at any time investigate the market concentration of a
428+18 health care entity. The office of the attorney general may issue a
429+19 civil investigative demand under IC 4-6-3 to a health care entity
430+20 subject to an investigation conducted under this section.
431+21 (b) The office of the attorney general shall keep confidential all
432+22 nonpublic information obtained in the course of an investigation
433+23 conducted under this section. Confidential information may not be
434+24 released to the public.
435+25 SECTION 11. IC 27-1-4.5 IS ADDED TO THE INDIANA CODE
436+26 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
437+27 JULY 1, 2025]:
438+28 Chapter 4.5. Disclosure of Ownership Information
439+29 Sec. 1. As used in this chapter, "controlling" has the meaning set
440+30 forth in IC 23-1-43-8.
441+31 Sec. 2. As used in this chapter, "insurer" includes the following:
442+32 (1) An insurer (as defined in IC 27-1-2-3(x)) that issues a
443+33 policy of accident and sickness insurance (as defined in
444+34 IC 27-8-5-1(a)). However, the term does not include the
445+35 coverages described in IC 27-8-5-2.5(a).
446+36 (2) A health maintenance organization (as defined in
447+37 IC 27-13-1-19) that provides coverage for basic health care
448+38 services (as defined in IC 27-13-1-4).
449+39 (3) A managed care organization (as defined in
450+40 IC 12-7-2-126.9) that provides services to a Medicaid
451+41 recipient.
452+42 (4) A prepaid health care delivery plan under IC 5-10-8-7(c)
456453 EH 1666—LS 7760/DI 92 11
457-1 (2) a self-insurance program established under IC 5-10-8-7(b).
458-2 Sec. 5. (a) Beginning July 1, 2025, and each July 1 thereafter,
459-3 each insurer, third party administrator, and pharmacy benefit
460-4 manager that does business in Indiana shall file with the
461-5 department a report that includes the following information:
462-6 (1) The name of each person or entity that has:
463-7 (A) an ownership interest of at least five percent (5%);
464-8 (B) a controlling interest; or
465-9 (C) an interest as a private equity partner;
466-10 in the insurer, third party administrator, or pharmacy benefit
467-11 manager.
468-12 (2) The business address of each person or entity identified
469-13 under subdivision (1). The business address must include a:
470-14 (A) building number;
471-15 (B) street name;
472-16 (C) city name;
473-17 (D) ZIP code; and
474-18 (E) country name.
475-19 The business address may not include a post office box
476-20 number.
477-21 (3) The business website, if applicable, of each person or
478-22 entity identified under subdivision (1).
479-23 (4) Any of the following identification numbers, if applicable,
480-24 for a person or entity identified under subdivision (1):
481-25 (A) National provider identifier (NPI).
482-26 (B) Taxpayer identification number (TIN).
483-27 (C) Employer identification number (EIN).
484-28 (D) CMS certification number (CCN).
485-29 (E) National Association of Insurance Commissioners
486-30 (NAIC) identification number.
487-31 (F) A personal identification number associated with a
488-32 license issued by the department of insurance.
489-33 (5) The ownership stake of each person or entity identified
490-34 under subdivision (1).
491-35 A report provided under this section may not include the
492-36 Social Security number of any individual.
493-37 (b) The department may not charge a fee for a report submitted
494-38 under this section.
495-39 Sec. 6. (a) The department shall cooperate with the Indiana
496-40 department of health and the secretary of state to develop and
497-41 implement a plan to collect the information described in section 5
498-42 of this chapter, IC 16-21-6-3(a)(14) through IC 16-21-6-3(a)(17),
454+1 that provides group health coverage for state employees.
455+2 Sec. 3. As used in this chapter, "pharmacy benefit manager" has
456+3 the meaning set forth in IC 27-1-24.5-12.
457+4 Sec. 4. As used in this chapter, "third party administrator"
458+5 means an individual or entity that performs administrative services
459+6 for an insurer or a self-funded health benefit plan, including:
460+7 (1) a self-funded health benefit plan that complies with the
461+8 federal Employee Retirement Income Security Act (ERISA)
462+9 of 1974 (29 U.S.C. 1001 et seq.); and
463+10 (2) a self-insurance program established under IC 5-10-8-7(b).
464+11 Sec. 5. (a) Beginning July 1, 2025, and each July 1 thereafter,
465+12 each insurer, third party administrator, and pharmacy benefit
466+13 manager that does business in Indiana shall file with the
467+14 department a report that includes the following information:
468+15 (1) The name of each person or entity that has:
469+16 (A) an ownership interest of at least five percent (5%);
470+17 (B) a controlling interest; or
471+18 (C) an interest as a private equity partner;
472+19 in the insurer, third party administrator, or pharmacy benefit
473+20 manager.
474+21 (2) The business address of each person or entity identified
475+22 under subdivision (1). The business address must include a:
476+23 (A) building number;
477+24 (B) street name;
478+25 (C) city name;
479+26 (D) ZIP code; and
480+27 (E) country name.
481+28 The business address may not include a post office box
482+29 number.
483+30 (3) The business website, if applicable, of each person or
484+31 entity identified under subdivision (1).
485+32 (4) Any of the following identification numbers, if applicable,
486+33 for a person or entity identified under subdivision (1):
487+34 (A) National provider identifier (NPI).
488+35 (B) Taxpayer identification number (TIN).
489+36 (C) Employer identification number (EIN).
490+37 (D) CMS certification number (CCN).
491+38 (E) National Association of Insurance Commissioners
492+39 (NAIC) identification number.
493+40 (F) A personal identification number associated with a
494+41 license issued by the department of insurance.
495+42 (5) The ownership stake of each person or entity identified
499496 EH 1666—LS 7760/DI 92 12
500-1 and IC 23-0.5-2-13(a)(6).
501-2 (b) Before September 1 of each year, the department shall
502-3 provide the information collected under section 5 of this chapter to
503-4 the Indiana department of health.
504-5 (c) Information described in subsection (a) is confidential and
505-6 may not be disclosed under IC 5-14.
506-7 Sec. 7. (a) The department may assess:
507-8 (1) an insurer;
508-9 (2) a third party administrator; or
509-10 (3) a pharmacy benefit manager;
510-11 that violates section 5 of this chapter a fine of one thousand dollars
511-12 ($1,000) per day for which the report is past due.
512-13 (b) A fine under this section shall be deposited into the payer
513-14 affordability penalty fund established by IC 12-15-1-18.5.
514-15 (c) The department may waive a fine assessed under this section.
515-16 (d) The department may take disciplinary action against:
516-17 (1) an insurer;
517-18 (2) a third party administrator; or
518-19 (3) a pharmacy benefit manager;
519-20 that is licensed under this title for repeated violations of section 5
520-21 of this chapter.
521-22 Sec. 8. (a) Before December 1 of each year, the department shall
522-23 submit to the legislative council an annual report of the:
523-24 (1) violations assessed; and
524-25 (2) fines waived;
525-26 under section 7 of this chapter in the previous calendar year.
526-27 (b) A report described in this section must be submitted in an
527-28 electronic format under IC 5-14-6.
528-29 Sec. 9. (a) The department shall issue a notice or bulletin on at
529-30 least two (2) occasions to notify insurers, third party
530-31 administrators, and pharmacy benefit managers of the reporting
531-32 requirements set forth in this chapter.
532-33 (b) A notice or bulletin issued under this section must be posted
533-34 on the department's website in a manner that is easily accessible to
534-35 insurers, third party administrators, and pharmacy benefit
535-36 managers.
536-37 SECTION 12. An emergency is declared for this act.
497+1 under subdivision (1).
498+2 A report provided under this section may not include the
499+3 Social Security number of any individual.
500+4 (b) The department may not charge a fee for a report submitted
501+5 under this section.
502+6 Sec. 6. (a) The department shall cooperate with the Indiana
503+7 department of health and the secretary of state to develop and
504+8 implement a plan to:
505+9 (1) collect the information described in section 5 of this
506+10 chapter, IC 16-21-6-3(a)(14) through IC 16-21-6-3(a)(17), and
507+11 IC 23-0.5-2-13(a)(6); and
508+12 (2) make the information publicly available as set forth in
509+13 IC 16-19-3-35.
510+14 (b) Before September 1 of each year, the department shall
511+15 provide the information collected under section 5 of this chapter to
512+16 the Indiana department of health.
513+17 Sec. 7. (a) The department may assess:
514+18 (1) an insurer;
515+19 (2) a third party administrator; or
516+20 (3) a pharmacy benefit manager;
517+21 that violates section 5 of this chapter a fine of one thousand dollars
518+22 ($1,000) per day for which the report is past due.
519+23 (b) A fine under this section shall be deposited into the payer
520+24 affordability penalty fund established by IC 12-15-1-18.5.
521+25 (c) The department may waive a fine assessed under this section.
522+26 (d) The department may take disciplinary action against:
523+27 (1) an insurer;
524+28 (2) a third party administrator; or
525+29 (3) a pharmacy benefit manager;
526+30 that is licensed under this title for repeated violations of section 5
527+31 of this chapter.
528+32 Sec. 8. (a) Before December 1 of each year, the department shall
529+33 submit to the legislative council an annual report of the:
530+34 (1) violations assessed; and
531+35 (2) fines waived;
532+36 under section 7 of this chapter in the previous calendar year.
533+37 (b) A report described in this section must be submitted in an
534+38 electronic format under IC 5-14-6.
535+39 Sec. 9. (a) The department shall issue a notice or bulletin on at
536+40 least two (2) occasions to notify insurers, third party
537+41 administrators, and pharmacy benefit managers of the reporting
538+42 requirements set forth in this chapter.
537539 EH 1666—LS 7760/DI 92 13
540+1 (b) A notice or bulletin issued under this section must be posted
541+2 on the department's website in a manner that is easily accessible to
542+3 insurers, third party administrators, and pharmacy benefit
543+4 managers.
544+5 SECTION 12. An emergency is declared for this act.
545+EH 1666—LS 7760/DI 92 14
538546 COMMITTEE REPORT
539547 Mr. Speaker: Your Committee on Public Health, to which was
540548 referred House Bill 1666, has had the same under consideration and
541549 begs leave to report the same back to the House with the
542550 recommendation that said bill be amended as follows:
543551 Page 4, line 8, after "entity" strike "with".
544552 Page 4, strike line 9.
545553 Page 4, line 10, strike "million dollars ($10,000,000)".
546554 Page 4, delete line 42.
547555 Page 5, delete lines 1 through 19, begin a new paragraph and insert:
548556 "SECTION 5. IC 25-1-8.5-4.5 IS ADDED TO THE INDIANA
549557 CODE AS A NEW SECTION TO READ AS FOLLOWS
550558 [EFFECTIVE JULY 1, 2025]: Sec. 4.5. (a) An Indiana health care
551559 entity may not engage in a merger or acquisition with another
552560 health care entity unless the health care entity has received
553561 approval from the office of the attorney general under this section.
554562 (b) Except as provided in subsection (c), not later than ninety
555563 (90) days after receiving notice under section 4 of this chapter, the
556564 office of the attorney general shall approve or deny the proposed
557565 merger or acquisition.
558566 (c) The office of the attorney general may extend the ninety (90)
559567 day period described in subsection (b) by not more than ninety (90)
560568 days for good cause.
561569 (d) After reviewing the information submitted with the notice
562570 under section 4 of this chapter, and any additional information
563571 obtained through a civil investigative demand under IC 4-6-3, the
564572 office of the attorney general shall provide to the person that
565573 submitted notice under section 4 of this chapter a written
566574 determination approving or denying the merger or acquisition.
567575 (e) The office of the attorney general shall approve a proposed
568576 merger or acquisition if the following criteria are met:
569577 (1) The proposed merger or acquisition does not significantly
570578 diminish the availability or accessibility of health care
571579 services to the community affected by the merger or
572580 acquisition.
573581 (2) The proposed merger or acquisition is in the public
574582 interest.
575583 (3) The health care entity involved in the proposed merger or
576584 acquisition exercised due diligence in:
577585 (A) deciding to engage in the merger or acquisition;
578586 (B) identifying each person to engage in the merger or
579587 acquisition; and
580-EH 1666—LS 7760/DI 92 14
588+EH 1666—LS 7760/DI 92 15
581589 (C) negotiating the terms and conditions of the merger or
582590 acquisition.
583591 (4) The procedure used by the health care entity agreeing to
584592 merge or be acquired was adequate, including the use of
585593 appropriate expert assistance.
586594 (5) That any conflict of interest that potentially impacts
587595 competition in the relevant markets was disclosed to each
588596 health care entity or party involved in the merger or
589597 acquisition, including a conflict of interest related to:
590598 (A) board of director memberships of;
591599 (B) executives of;
592600 (C) experts retained by;
593601 (D) partnerships of; or
594602 (E) joint ventures of;
595603 each health care entity or party involved in the merger or
596604 acquisition.
597605 (6) That any management contract proposed under the
598606 merger or acquisition is for reasonably fair value.
599607 (7) This subdivision applies to an acquisition between health
600608 care entities. That the health care entity being acquired will
601609 receive full and fair market value under the proposed
602610 acquisition.
603611 (8) The proposed merger or acquisition complies with
604612 applicable state or federal law.
605613 (f) In determining whether the procedure described in
606614 subsection (e)(4) was adequate, the office of the attorney general
607615 may employ, at the expense of the health care entity initiating the
608616 merger or acquisition, reasonably necessary expert assistance.
609617 (g) The attorney general may bring a civil action to enforce this
610618 section.
611619 (h) In bringing a civil action under subsection (g), the office of
612620 the attorney general may seek one (1) or more of the following,
613621 together with the costs and expenses of the suit, including
614622 reasonable attorney's fees, expenses related to litigation, and expert
615623 fees, in connection with a violation of this section:
616624 (A) Appropriate injunctive relief or other equitable relief,
617625 including disgorgement of any gains derived from the
618626 violation.
619627 (B) Civil penalty not to exceed fifteen million dollars
620628 ($15,000,000).
621629 (i) A denial under this section is subject to appeal under
622630 IC 4-21.5.".
623-EH 1666—LS 7760/DI 92 15
631+EH 1666—LS 7760/DI 92 16
624632 and when so amended that said bill do pass.
625633 (Reference is to HB 1666 as introduced.)
626634 BARRETT
627635 Committee Vote: yeas 9, nays 3.
628636 _____
629637 HOUSE MOTION
630638 Mr. Speaker: I move that House Bill 1666 be amended to read as
631639 follows:
632640 Page 2, line 11, delete "16-19-18," and insert "16-19-16.5,".
633641 Page 2, line 11, delete "16-19-18-1." and insert "16-19-16.5-1.".
634642 Page 2, delete line 12 through 42, begin a new paragraph and insert:
635643 "SECTION 3. IC 16-18-2-160.5, AS AMENDED BY P.L.3-2008,
636644 SECTION 107, IS AMENDED TO READ AS FOLLOWS
637645 [EFFECTIVE JULY 1, 2025]: Sec. 160.5. (a) "Health care entity",
638646 for purposes of IC 16-19-16.5, has the meaning set forth in
639647 IC 16-19-16.5-2.
640648 (b) "Health care entity", for purposes of IC 16-41-42.1, has the
641649 meaning set forth in IC 16-41-42.1-1.".
642650 SECTION 3. IC 16-19-16.5 IS ADDED TO THE INDIANA CODE
643651 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
644652 JULY 1, 2025]:
645653 Chapter 16.5. Disclosure of Ownership Information
646654 Sec. 1. As used in this chapter, "controlling" has the meaning set
647655 forth in IC 23-1-43-8.
648656 Sec. 2. (a) As used in this chapter, except as provided in
649657 subsection (b), "health care entity" means any organization or
650658 business that provides diagnostic, medical, surgical, dental
651659 treatment, or rehabilitative care.
652660 (b) The term does not include the following:
653661 (1) A hospital.
654662 (2) A physician group practice (as defined in IC 25-22.5-18-2).
655663 (3) An insurer (as defined in IC 27-1-4.5-2).
656664 (4) A pharmacy benefit manager (as defined in IC 27-1-4.5-3).
657665 (5) A third party administrator (as defined in IC 27-1-4.5-4).
658666 Sec. 3. (a) Beginning July 1, 2025, and each July 1 thereafter,
659667 each health care entity that does business in Indiana shall file with
660668 the state department a report that includes the following
661-EH 1666—LS 7760/DI 92 16
669+EH 1666—LS 7760/DI 92 17
662670 information:
663671 (1) The name of each person or entity that has:
664672 (A) an ownership interest of at least five percent (5%);
665673 (B) a controlling interest; or
666674 (C) an interest as a private equity partner;
667675 in the health care entity.
668676 (2) The business address of each person or entity identified
669677 under subdivision (1). The business address must include a:
670678 (A) building number;
671679 (B) street name;
672680 (C) city name;
673681 (D) ZIP code; and
674682 (E) country name.
675683 The business address may not include a post office box
676684 number.
677685 (3) The business website, if applicable, of each person or
678686 entity identified under subdivision (1).
679687 (4) Any of the following identification numbers, if applicable,
680688 for a person or entity identified under subdivision (1):
681689 (A) National provider identifier (NPI).
682690 (B) Taxpayer identification number (TIN).
683691 (C) Employer identification number (EIN).
684692 (D) CMS certification number (CCN).
685693 (E) National Association of Insurance Commissioners
686694 (NAIC) identification number.
687695 (F) A personal identification number associated with a
688696 license issued by the department of insurance.
689697 A report provided under this section may not include the
690698 Social Security number of any individual.
691699 (b) The state department may not charge a fee for a report
692700 submitted under this section.
693701 Sec. 4. (a) The state department shall cooperate with the Indiana
694702 professional licensing agency and the department of insurance to
695703 develop and implement a plan to:
696704 (1) collect the information described in section 3 of this
697705 chapter, IC 25-22.5-18-3, and IC 27-1-4.5-5; and
698706 (2) make the information publicly available as set forth in this
699707 section.
700708 (b) Before December 1 of each year, the state department shall
701709 publicly post the information:
702710 (1) collected under section 3 of this chapter; and
703711 (2) received from the:
704-EH 1666—LS 7760/DI 92 17
712+EH 1666—LS 7760/DI 92 18
705713 (A) Indiana professional licensing agency under
706714 IC 25-22.5-18-4; or
707715 (B) department of insurance under IC 27-1-4.5-6;
708716 on the state department's website.
709717 Sec. 5. (a) The state department may assess a health care entity
710718 that violates section 3 of this chapter a fine of one thousand dollars
711719 ($1,000) per day for which the report is past due.
712720 (b) A fine under this section shall be deposited into the payer
713721 affordability penalty fund established by IC 12-15-1-18.5.
714722 (c) The state department may waive a fine assessed under this
715723 section.
716724 (d) The state health commissioner may take action against an
717725 ambulatory outpatient surgical center or a birthing center under
718726 IC 16-21-3 for repeated violations of section 3 of this chapter.
719727 Sec. 6. (a) In addition to other penalties provided under this
720728 chapter, the state department shall adopt rules under IC 4-22-2
721729 that establish a schedule of civil penalties that may be levied upon
722730 a health care entity, other than an ambulatory outpatient surgical
723731 center or a birthing center, for repeated violations of section 3 of
724732 this chapter.
725733 (b) A penalty included in the schedule of civil penalties adopted
726734 under this chapter may not exceed ten thousand dollars ($10,000).
727735 (c) The state department may issue an order of compliance,
728736 impose a civil penalty included in the schedule of civil penalties
729737 adopted under subsection (a), or both, against a health care entity
730738 described in subsection (a) that:
731739 (1) fails to comply with section 3 of this chapter or a rule
732740 adopted under this section; or
733741 (2) interferes with or obstructs the state department or the
734742 state department's designated agent in the performance of
735743 duties under this chapter.
736744 (d) An order of compliance may be issued under IC 4-21.5-3-6,
737745 IC 4-21.5-3-8, or IC 4-21.5-4. A civil penalty may be imposed only
738746 in a proceeding under IC 4-21.5-3-8.
739747 (e) A proceeding commenced to impose a civil penalty may be
740748 consolidated with any other proceeding commenced to enforce this
741749 chapter or a rule adopted under this chapter.
742750 Sec. 7. (a) Before December 1 of each year, the state department
743751 shall submit to the legislative council an annual report of the:
744752 (1) violations assessed; and
745753 (2) fines waived;
746754 under section 5 of this chapter in the previous calendar year.
747-EH 1666—LS 7760/DI 92 18
755+EH 1666—LS 7760/DI 92 19
748756 (b) A report described in this section must be submitted in an
749757 electronic format under IC 5-14-6.
750758 Sec. 8. (a) The state department shall issue a notice or bulletin
751759 on at least two (2) occasions to notify health care entities of the
752760 reporting requirements set forth in this chapter.
753761 (b) A notice or bulletin issued under this section must be posted
754762 on the state department's website in a manner that is easily
755763 accessible to health care entities.".
756764 Delete page 3.
757765 Page 4, delete line 1 through 4.
758766 Page 7, line 40, delete "16-19-18-2," and insert "16-19-16.5-3,".
759767 Page 7, line 42, delete "16-19-18-3." and insert "16-19-16.5-4.".
760768 Page 10, line 19, delete "16-19-18-2," and insert "16-19-16.5-3,".
761769 Page 10, line 21, delete "16-19-18-3." and insert "16-19-16.5-4.".
762770 (Reference is to HB 1666 as printed February 4, 2025.)
763771 MCGUIRE
764772 _____
765773 HOUSE MOTION
766774 Mr. Speaker: I move that House Bill 1666 be amended to read as
767775 follows:
768776 Page 4, between lines 4 and 5, begin a new paragraph and insert:
769777 "SECTION 4. IC 25-1-8.5-2, AS ADDED BY P.L.95-2024,
770778 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
771779 JULY 1, 2025]: Sec. 2. (a) As used in this chapter, "health care entity"
772780 means any of the following:
773781 (1) Any Except as provided in subsection (b), an organization
774782 or business that provides diagnostic, medical, surgical, dental
775783 treatment, or rehabilitative care.
776784 (2) An insurer that issues a policy of accident and sickness
777785 insurance (as defined in IC 27-8-5-1), except for the following
778786 types of coverage:
779787 (A) Accident only, credit, dental, vision, long term care, or
780788 disability income insurance.
781789 (B) Coverage issued as a supplement to liability insurance.
782790 (C) Automobile medical payment insurance.
783791 (D) A specified disease policy.
784792 (E) A policy that provides indemnity benefits not based on any
785793 expense incurred requirements, including a plan that provides
786-EH 1666—LS 7760/DI 92 19
794+EH 1666—LS 7760/DI 92 20
787795 coverage for:
788796 (i) hospital confinement, critical illness, or intensive care; or
789797 (ii) gaps for deductibles or copayments.
790798 (F) Worker's compensation or similar insurance.
791799 (G) A student health plan.
792800 (H) A supplemental plan that always pays in addition to other
793801 coverage.
794802 (3) A health maintenance organization (as defined in
795803 IC 27-13-1-19).
796804 (4) A pharmacy benefit manager (as defined in IC 27-1-24.5-12).
797805 (5) An administrator (as defined in IC 27-1-25-1).
798806 (6) A private equity partnership, regardless of where the private
799807 equity partnership is located, seeking to enter into a merger or
800808 acquisition with an entity described in subdivisions (1) through
801809 (5).
802810 (b) The term does not include:
803811 (1) a health care provider (as defined by IC 4-6-14-2) that is
804812 wholly owned by practitioners who:
805813 (A) are licensed in Indiana; and
806814 (B) routinely provide health care services in the
807815 practitioner owned practice;
808816 (2) the Medicaid program; or
809817 (3) the Medicare program.
810818 SECTION 5. IC 25-1-8.5-3.7 IS ADDED TO THE INDIANA
811819 CODE AS A NEW SECTION TO READ AS FOLLOWS
812820 [EFFECTIVE JULY 1, 2025]: Sec. 3.7. (a) The office of the attorney
813821 general may at any time investigate the market concentration of a
814822 health care entity. The office of the attorney general may issue a
815823 civil investigative demand under IC 4-6-3 to a health care entity
816824 subject to an investigation conducted under this section.
817825 (b) The office of the attorney general shall keep confidential all
818826 nonpublic information obtained in the course of an investigation
819827 conducted under this section. Confidential information may not be
820828 released to the public.".
821829 Page 5, line 4, delete "entity unless" and insert "entity, or a health
822830 care provider described in section 2(b) of this chapter, unless".
823831 Page 5, line 19, delete "shall" and insert "may".
824832 Page 5, line 20, delete "acquisition if the following criteria are met:"
825833 and insert "acquisition. The office of the attorney general shall
826834 apply the following criteria in determining whether to approve a
827835 proposed merger or acquisition:".
828-EH 1666—LS 7760/DI 92 20
836+EH 1666—LS 7760/DI 92 21
829837 Renumber all SECTIONS consecutively.
830838 (Reference is to HB 1666 as printed February 4, 2025.)
831839 MCGUIRE
832840 _____
833841 HOUSE MOTION
834842 Mr. Speaker: I move that House Bill 1666 be amended to read as
835843 follows:
836844 Page 4, between lines 4 and 5, begin a new paragraph and insert:
837845 "SECTION 4. IC 25-1-8.5-1.5 IS ADDED TO THE INDIANA
838846 CODE AS A NEW SECTION TO READ AS FOLLOWS
839847 [EFFECTIVE UPON PASSAGE]: Sec. 1.5. As used in this chapter,
840848 "approval board" refers to the health care entity merger approval
841849 board established by section 3.5 of this chapter.
842850 SECTION 5. IC 25-1-8.5-3.5 IS ADDED TO THE INDIANA
843851 CODE AS A NEW SECTION TO READ AS FOLLOWS
844852 [EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) The health care entity
845853 merger approval board is established to:
846854 (1) evaluate; and
847855 (2) approve or deny;
848856 proposed mergers and acquisitions of health care entities under
849857 section 4.5 of this chapter.
850858 (b) The approval board is comprised of the following members:
851859 (1) The attorney general or the attorney general's designee.
852860 (2) The secretary of health and family or an individual
853861 designated by the governor.
854862 (3) The secretary of business affairs or an individual
855863 designated by the governor.
856864 (4) Two (2) members appointed by the governor after
857865 considering individuals recommended for appointment by the
858866 legislative council under subsection (c).
859867 (c) Before July 1, 2025, the legislative council shall recommend
860868 at least (2) individuals to the governor for appointment to the
861869 approval board under subsection (b)(4). Individuals recommended
862870 by the legislative council may not be members of the general
863871 assembly.
864872 (d) The office of the attorney general shall provide staff support
865873 to the approval board.
866874 (e) The members of the approval board shall annually elect a
867875 chair and vice chair from the membership of the board. Before
868-EH 1666—LS 7760/DI 92 21
876+EH 1666—LS 7760/DI 92 22
869877 August 1, 2025, the attorney general shall schedule a meeting of the
870878 approval board to elect the chair and vice chair. Thereafter, the
871879 approval board shall meet at the call of the chair. The chair elected
872880 under this subsection shall serve until a successor is elected in the
873881 following calendar year.
874882 (f) A member of the approval board serves a four (4) year term
875883 that expires June 30 of an odd-numbered year.
876884 (g) A member of the approval board serves at the pleasure of
877885 the appointing authority and may be reappointed to successive
878886 terms.
879887 (h) A vacancy on the approval board shall be filled by the
880888 appropriate appointing authority. An individual appointed to fill
881889 a vacancy serves for the unexpired term of the individual's
882890 predecessor.
883891 (i) Each member of the approval board who is not a state
884892 employee is entitled to reimbursement for mileage, traveling
885893 expenses as provided under IC 4-13-1-4, and other expenses
886894 actually incurred in connection with the member's duties as
887895 provided in the state policies and procedures established by the
888896 Indiana department of administration and approved by the budget
889897 agency.
890898 (j) Each member of the approval board who is a state employee
891899 is entitled to reimbursement for traveling expenses as provided
892900 under IC 4-13-1-4 and other expenses actually incurred in
893901 connection with the member's duties as provided in the state
894902 policies and procedures established by the Indiana department of
895903 administration and approved by the budget agency.
896904 (k) Expenses paid under subsections (i) and (j) shall be paid
897905 from appropriations made to the office of the attorney general.".
898906 Page 5, line 5, delete "office of the attorney general" and insert
899907 "approval board".
900908 Page 5, line 8, delete "office of the attorney general" and insert
901909 "approval board".
902910 Page 5, line 10, delete "office of the attorney general" and insert
903911 "approval board".
904912 Page 5, line 16, delete "office of the attorney general" and insert
905913 "approval board".
906914 Page 5, line 19, delete "office of the attorney general" and insert
907915 "approval board".
908916 Page 6, line 15, delete "office of the attorney general" and insert
909917 "approval board".
910918 Page 11, after line 12, begin a new paragraph and insert:
911-EH 1666—LS 7760/DI 92 22
919+EH 1666—LS 7760/DI 92 23
912920 "SECTION 9. An emergency is declared for this act.".
913921 Renumber all SECTIONS consecutively.
914922 (Reference is to HB 1666 as printed February 4, 2025.)
915923 MCGUIRE
916924 _____
917925 HOUSE MOTION
918926 Mr. Speaker: I move that House Bill 1666 be amended to read as
919927 follows:
920928 Page 2, line 11, delete "IC 16-19-18," and insert "IC 16-21-6,".
921929 Page 2, line 11, delete "IC 16-19-18-1." and insert "IC
922930 16-21-6-0.3.".
923931 Page 2, delete lines 12 through 42, begin a new paragraph and
924932 insert:
925933 "SECTION 3. IC 16-19-3-35 IS ADDED TO THE INDIANA CODE
926934 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
927935 1, 2025]: Sec. 35. (a) The state department shall cooperate with the
928936 Indiana professional licensing agency and the department of
929937 insurance to develop and implement a plan to:
930938 (1) collect the information described in IC 16-21-6-3(a)(14)
931939 through IC 16-21-6-3(a)(17), IC 25-22.5-18-3, and
932940 IC 27-1-4.5-5; and
933941 (2) make the information publicly available as set forth in this
934942 section.
935943 (b) Before December 1 of each year, the state department shall
936944 publicly post the information:
937945 (1) collected under IC 16-21-6-3(a)(14) through
938946 IC 16-21-6-3(a)(17); and
939947 (2) received from the:
940948 (A) Indiana professional licensing agency under
941949 IC 25-22.5-18-4; or
942950 (B) department of insurance under IC 27-1-4.5-6;
943951 on the state department's website.".
944952 Delete page 3.
945953 Page 4, delete lines 1 through 4, begin a new paragraph and insert:
946954 "SECTION 5. IC 16-21-6-0.3 IS ADDED TO THE INDIANA
947955 CODE AS A NEW SECTION TO READ AS FOLLOWS
948956 [EFFECTIVE JULY 1, 2025]: Sec. 0.3. As used in this chapter,
949957 "controlling" has the meaning set forth in IC 23-1-43-8
950-EH 1666—LS 7760/DI 92 23
958+EH 1666—LS 7760/DI 92 24
951959 SECTION 6. IC 16-21-6-3, AS AMENDED BY P.L.152-2024,
952960 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
953961 JULY 1, 2025]: Sec. 3. (a) Each hospital shall file with the state
954962 department a report for the preceding fiscal year within one hundred
955963 twenty (120) days after the end of the hospital's fiscal year. For the
956964 filing of a report, the state department may grant an extension of the
957965 time to file the report if the hospital shows good cause for the
958966 extension. The report must contain the following:
959967 (1) A copy of the hospital's balance sheet, including a statement
960968 describing the hospital's total assets and total liabilities.
961969 (2) A copy of the hospital's income statement.
962970 (3) A statement of changes in financial position.
963971 (4) A statement of changes in fund balance.
964972 (5) Accountant notes pertaining to the report.
965973 (6) A copy of the hospital's report required to be filed annually
966974 under 42 U.S.C. 1395g, and other appropriate utilization and
967975 financial reports required to be filed under federal statutory law.
968976 (7) Net patient revenue and total number of paid claims, including
969977 providing the information as follows:
970978 (A) The net patient revenue and total number of paid claims
971979 for inpatient services for:
972980 (i) Medicare;
973981 (ii) Medicaid;
974982 (iii) commercial insurance, including inpatient services
975983 provided to patients participating in a fully-funded health
976984 insurance plan or a self-funded health insurance plan;
977985 (iv) self-pay; and
978986 (v) any other category of payer.
979987 (B) The net patient revenue and total number of paid claims
980988 for outpatient services for:
981989 (i) Medicare;
982990 (ii) Medicaid;
983991 (iii) commercial insurance, including outpatient services
984992 provided to patients participating in a fully-funded health
985993 insurance plan or a self-funded health insurance plan;
986994 (iv) self-pay; and
987995 (v) any other category of payer.
988996 (C) The total net patient revenue and total number of paid
989997 claims for:
990998 (i) Medicare;
991999 (ii) Medicaid;
9921000 (iii) commercial insurance, including the total net patient
993-EH 1666—LS 7760/DI 92 24
1001+EH 1666—LS 7760/DI 92 25
9941002 revenue for services provided to patients participating in a
9951003 fully-funded health insurance plan or a self-funded health
9961004 insurance plan;
9971005 (iv) self-pay; and
9981006 (v) any other category of payer.
9991007 (8) Net patient revenue and total number of paid claims from
10001008 facility fees, including providing the information as follows:
10011009 (A) The net patient revenue and total number of paid claims
10021010 for inpatient services from facility fees for:
10031011 (i) Medicare;
10041012 (ii) Medicaid;
10051013 (iii) commercial insurance, including inpatient services from
10061014 facility fees provided to patients participating in a
10071015 fully-funded health insurance plan or a self-funded health
10081016 insurance plan;
10091017 (iv) self-pay; and
10101018 (v) any other category of payer.
10111019 (B) The net patient revenue and total number of paid claims
10121020 for outpatient services from facility fees for:
10131021 (i) Medicare;
10141022 (ii) Medicaid;
10151023 (iii) commercial insurance, including outpatient services
10161024 from facility fees provided to patients participating in a
10171025 fully-funded health insurance plan or a self-funded health
10181026 insurance plan;
10191027 (iv) self-pay; and
10201028 (v) any other category of payer.
10211029 (C) The total net patient revenue and total number of paid
10221030 claims from facility fees for:
10231031 (i) Medicare;
10241032 (ii) Medicaid;
10251033 (iii) commercial insurance, including the total net patient
10261034 revenue from facility fees provided to patients participating
10271035 in a fully-funded health insurance plan or a self-funded
10281036 health insurance plan;
10291037 (iv) self-pay; and
10301038 (v) any other category of payer.
10311039 (9) Net patient revenue and total number of paid claims from
10321040 professional fees, including providing the information as follows:
10331041 (A) The net patient revenue and total number of paid claims
10341042 for inpatient services from professional fees for:
10351043 (i) Medicare;
1036-EH 1666—LS 7760/DI 92 25
1044+EH 1666—LS 7760/DI 92 26
10371045 (ii) Medicaid;
10381046 (iii) commercial insurance, including inpatient services from
10391047 professional fees provided to patients participating in a
10401048 fully-funded health insurance plan or a self-funded health
10411049 insurance plan;
10421050 (iv) self-pay; and
10431051 (v) any other category of payer.
10441052 (B) The net patient revenue and total number of paid claims
10451053 for outpatient services from professional fees for:
10461054 (i) Medicare;
10471055 (ii) Medicaid;
10481056 (iii) commercial insurance, including outpatient services
10491057 from professional fees provided to patients participating in
10501058 a fully-funded health insurance plan or a self-funded health
10511059 insurance plan;
10521060 (iv) self-pay; and
10531061 (v) any other category of payer.
10541062 (C) The total net patient revenue and total number of paid
10551063 claims from professional fees for:
10561064 (i) Medicare;
10571065 (ii) Medicaid;
10581066 (iii) commercial insurance, including the total net patient
10591067 revenue from professional fees provided to patients
10601068 participating in a fully-funded health insurance plan or a
10611069 self-funded health insurance plan;
10621070 (iv) self-pay; and
10631071 (v) any other category of payer.
10641072 (10) A statement including:
10651073 (A) Medicare gross revenue;
10661074 (B) Medicaid gross revenue;
10671075 (C) other revenue from state programs;
10681076 (D) revenue from local government programs;
10691077 (E) local tax support;
10701078 (F) charitable contributions;
10711079 (G) other third party payments;
10721080 (H) gross inpatient revenue;
10731081 (I) gross outpatient revenue;
10741082 (J) contractual allowance;
10751083 (K) any other deductions from revenue;
10761084 (L) charity care provided;
10771085 (M) itemization of bad debt expense; and
10781086 (N) an estimation of the unreimbursed cost of subsidized
1079-EH 1666—LS 7760/DI 92 26
1087+EH 1666—LS 7760/DI 92 27
10801088 health services.
10811089 (11) A statement itemizing donations.
10821090 (12) A statement describing the total cost of reimbursed and
10831091 unreimbursed research.
10841092 (13) A statement describing the total cost of reimbursed and
10851093 unreimbursed education separated into the following categories:
10861094 (A) Education of physicians, nurses, technicians, and other
10871095 medical professionals and health care providers.
10881096 (B) Scholarships and funding to medical schools, and other
10891097 postsecondary educational institutions for health professions
10901098 education.
10911099 (C) Education of patients concerning diseases and home care
10921100 in response to community needs.
10931101 (D) Community health education through informational
10941102 programs, publications, and outreach activities in response to
10951103 community needs.
10961104 (E) Other educational services resulting in education related
10971105 costs.
10981106 (14) The name of each person or entity that has:
10991107 (A) an ownership interest of at least five percent (5%);
11001108 (B) a controlling interest; or
11011109 (C) an interest as a private equity partner;
11021110 in the hospital.
11031111 (15) The business address of each person or entity identified
11041112 under subdivision (14). The business address must include a:
11051113 (A) building number;
11061114 (B) street name;
11071115 (C) city name;
11081116 (D) ZIP code; and
11091117 (E) country name.
11101118 The business address may not include a post office box
11111119 number.
11121120 (16) The business website, if applicable, of each person or
11131121 entity identified under subdivision (14).
11141122 (17) Any of the following identification numbers, if applicable,
11151123 for a person or entity identified under subdivision (14):
11161124 (A) National provider identifier (NPI).
11171125 (B) Taxpayer identification number (TIN).
11181126 (C) Employer identification number (EIN).
11191127 (D) CMS certification number (CCN).
11201128 (E) National Association of Insurance Commissioners
11211129 (NAIC) identification number.
1122-EH 1666—LS 7760/DI 92 27
1130+EH 1666—LS 7760/DI 92 28
11231131 (F) A personal identification number associated with a
11241132 license issued by the department of insurance.
11251133 A hospital may not include the Social Security number of any
11261134 individual.
11271135 (b) The information in the report filed under subsection (a) must be
11281136 provided from reports or audits certified by an independent certified
11291137 public accountant or by the state board of accounts.
11301138 (c) A hospital that fails to file the report required under subsection
11311139 (a) by the date required shall pay to the state department a fine of one
11321140 thousand dollars ($1,000) per day for which the report is past due. A
11331141 fine under this subsection shall be deposited into the payer affordability
11341142 penalty fund established by IC 12-15-1-18.5.".
11351143 Page 7, line 40, delete "chapter, IC 16-19-18-2," and insert
11361144 "chapter, IC 16-21-6-3(a)(14) through IC 16-21-6-3(a)(17),".
11371145 Page 7, line 42, delete "IC 16-19-18-3." and insert "IC 16-19-3-35.".
11381146 Page 10, line 19, delete "IC 16-19-18-2," and insert "IC
11391147 16-21-6-3(a)(14) through IC 16-21-6-3(a)(17),".
11401148 Page 10, line 21, delete "IC 16-19-18-3." and insert "IC
11411149 16-19-3-35.".
11421150 Renumber all SECTIONS consecutively.
11431151 (Reference is to HB 1666 as printed February 4, 2025.)
11441152 BARRETT
11451153 _____
11461154 COMMITTEE REPORT
11471155 Mr. President: The Senate Committee on Health and Provider
11481156 Services, to which was referred House Bill No. 1666, has had the same
11491157 under consideration and begs leave to report the same back to the
11501158 Senate with the recommendation that said bill be AMENDED as
11511159 follows:
11521160 Page 1, line 5, delete "IC 16-19-18-4,".
11531161 Page 1, line 5, delete "IC 25-22.5-18-5,".
11541162 Page 2, delete lines 8 through 20, begin a new paragraph and insert:
11551163 "SECTION 2. IC 16-18-2-79.1 IS ADDED TO THE INDIANA
11561164 CODE AS A NEW SECTION TO READ AS FOLLOWS
11571165 [EFFECTIVE JULY 1, 2025]: Sec. 79.1. "Controlling", for purposes
11581166 of IC 16-21-6, has the meaning set forth in IC 16-21-6-0.3.".
11591167 Page 2, line 24, delete "Indiana professional licensing agency" and
11601168 insert "secretary of state".
1161-EH 1666—LS 7760/DI 92 28
1169+EH 1666—LS 7760/DI 92 29
11621170 Page 2, line 27, delete "IC 25-22.5-18-3," and insert "IC
11631171 23-0.5-2-13(a)(6),".
11641172 Page 2, line 36, delete "Indiana professional licensing agency" and
11651173 insert "secretary of state".
11661174 Page 2, line 37, delete "IC 25-22.5-18-4;" and insert "IC
11671175 23-0.5-2-13(a)(6);".
11681176 Page 2, delete lines 40 through 42.
11691177 Delete pages 3 through 4.
11701178 Page 5, delete lines 1 through 24.
11711179 Page 5, line 28, after "IC 23-1-43-8" insert ".".
11721180 Page 9, between lines 32 and 33, begin a new line block indented
11731181 and insert:
11741182 "(18) The ownership stake of each person or entity identified
11751183 under subdivision (14).".
11761184 Page 9, delete lines 41 through 42, begin a new paragraph and
11771185 insert:
11781186 "SECTION 8. IC 23-0.5-2-12.5 IS ADDED TO THE INDIANA
11791187 CODE AS A NEW SECTION TO READ AS FOLLOWS
11801188 [EFFECTIVE JANUARY 1, 2026]: Sec. 12.5. (a) As used in section
11811189 13 of this chapter, "health care entity" means any organization or
11821190 business that provides health care services. The term does not
11831191 include the following:
11841192 (1) A hospital.
11851193 (2) A physician group practice.
11861194 (3) An insurer (as defined in IC 27-1-4.5-2).
11871195 (4) A pharmacy benefit manager (as defined in IC 27-1-4.5-3).
11881196 (5) A third party administrator (as defined in IC 27-1-4.5-4).
11891197 (6) A person or entity that does not accept commercial health
11901198 insurance reimbursement.
11911199 (b) As used in this section, "health care services" means any
11921200 diagnostic, medical, surgical, dental treatment, or rehabilitative
11931201 care for the purpose of preventing, alleviating, curing, or healing
11941202 human illness or injury.
11951203 SECTION 9. IC 23-0.5-2-13, AS AMENDED BY P.L.52-2018,
11961204 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11971205 JANUARY 1, 2026]: Sec. 13. (a) A domestic filing entity or registered
11981206 foreign entity shall deliver to the secretary of state for filing a biennial
11991207 report that states:
12001208 (1) the name of the entity and, if a registered foreign entity, its
12011209 jurisdiction of formation;
12021210 (2) the information required by IC 23-0.5-4-3(b);
12031211 (3) the street address of the entity's principal office;
1204-EH 1666—LS 7760/DI 92 29
1212+EH 1666—LS 7760/DI 92 30
12051213 (4) for a corporation, the names and business addresses of its
12061214 directors, secretary, and the highest executive office of the
12071215 corporation; and
12081216 (5) for a nonprofit corporation, the names and business or resident
12091217 addresses of its directors, secretary, and highest executive office;
12101218 and
12111219 (6) for a health care entity, the information required under
12121220 section 14 of this chapter.
12131221 (b) Information in a biennial report must be current as of the date
12141222 the report is signed by the entity.
12151223 (c) The biennial report must be delivered to the secretary of state for
12161224 filing every two (2) calendar years on a schedule determined by the
12171225 secretary of state. The secretary of state may accept biennial reports
12181226 during the ninety (90) days before the month in which the biennial
12191227 report is due.
12201228 (d) If a biennial report does not contain the information required by
12211229 this section, the secretary of state promptly shall notify the reporting
12221230 entity in a record and return the report for correction. If the report is
12231231 corrected to contain the information required by this section and
12241232 delivered to the secretary of state within thirty (30) days after the
12251233 effective date of notice, the report is considered to be timely filed.
12261234 (e) If a biennial report contains information required by
12271235 IC 23-0.5-4-3(b) which differs from the information shown in the
12281236 records of the secretary of state immediately before the report becomes
12291237 effective, the differing information is considered a statement of change
12301238 under IC 23-0.5-4-7.
12311239 (f) A biennial report filed under this section may not specify a future
12321240 effective date.
12331241 SECTION 10. IC 23-0.5-2-14 IS ADDED TO THE INDIANA
12341242 CODE AS A NEW SECTION TO READ AS FOLLOWS
12351243 [EFFECTIVE JANUARY 1, 2026]: Sec. 14. (a) Each health care
12361244 entity that does business in Indiana shall report the following
12371245 information as part of the report under this chapter:
12381246 (1) The name of each person or entity that has:
12391247 (A) an ownership interest of at least five percent (5%);
12401248 (B) a controlling interest; or
12411249 (C) an interest as a private equity partner;
12421250 in the health care entity.
12431251 (2) The business address of each person or entity identified
12441252 under subdivision (1). The business address must include a:
12451253 (A) building number;
12461254 (B) street name;
1247-EH 1666—LS 7760/DI 92 30
1255+EH 1666—LS 7760/DI 92 31
12481256 (C) city name;
12491257 (D) ZIP code; and
12501258 (E) country name.
12511259 The business address may not include a post office box
12521260 number.
12531261 (3) The business website, if applicable, of each person or
12541262 entity identified under subdivision (1).
12551263 (4) Any of the following identification numbers, if applicable,
12561264 for a person or entity identified under subdivision (1):
12571265 (A) National provider identifier (NPI).
12581266 (B) Taxpayer identification number (TIN).
12591267 (C) Employer identification number (EIN).
12601268 (D) CMS certification number (CCN).
12611269 (E) National Association of Insurance Commissioners
12621270 (NAIC) identification number.
12631271 (F) A personal identification number associated with a
12641272 license issued by the department of insurance.
12651273 A report provided under this section may not include the
12661274 Social Security number of any individual.
12671275 (b) The secretary of state shall cooperate with the Indiana
12681276 department of health and the department of insurance to:
12691277 (1) develop and implement a plan to collect the information
12701278 described in this section; and
12711279 (2) make the information publicly available, as set forth in
12721280 IC 16-19-3-35.".
12731281 Page 10, delete lines 1 through 3.
12741282 Page 10, line 38, delete "wholly owned" and insert "majority
12751283 owned, or that would be majority owned after the merger or
12761284 acquisition,".
12771285 Page 11, delete lines 2 through 42.
12781286 Page 12, delete lines 1 through 14.
12791287 Page 12, delete lines 26 through 42.
12801288 Delete pages 13 through 16.
12811289 Page 17, delete lines 1 through 18.
12821290 Page 18, between lines 35 and 36, begin a new line block indented
12831291 and insert:
12841292 "(5) The ownership stake of each person or entity identified
12851293 under subdivision (1).".
12861294 Page 18, line 41, delete "Indiana professional licensing agency" and
12871295 insert "secretary of state".
12881296 Page 19, line 2, delete "IC 16-19-16.5-3,".
12891297 Page 19, line 3, delete "IC 25-22.5-18-3;" and insert "IC
1290-EH 1666—LS 7760/DI 92 31
1298+EH 1666—LS 7760/DI 92 32
12911299 23-0.5-2-13(a)(6);".
12921300 Page 19, line 5, delete "IC 16-19-3-35. IC 16-19-16.5-4." and insert
12931301 "IC 16-19-3-35.".
12941302 Renumber all SECTIONS consecutively.
12951303 and when so amended that said bill do pass.
12961304 (Reference is to HB 1666 as reprinted February 11, 2025.)
12971305 CHARBONNEAU, Chairperson
12981306 Committee Vote: Yeas 12, Nays 0.
1299-_____
1300-SENATE MOTION
1301-Mr. President: I move that Engrossed House Bill 1666 be amended
1302-to read as follows:
1303-Page 2, delete lines 12 through 29, begin a new paragraph and
1304-insert:
1305-"SECTION 3. IC 16-19-3-35 IS ADDED TO THE INDIANA CODE
1306-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1307-1, 2025]: Sec. 35. (a) The state department shall cooperate with the
1308-secretary of state and the department of insurance to develop and
1309-implement a plan to collect the information described in
1310-IC 16-21-6-3(a)(14) through IC 16-21-6-3(a)(17),
1311-IC 23-0.5-2-13(a)(6), and IC 27-1-4.5-5.
1312-(b) Information described in subsection (a) is confidential and
1313-may not be disclosed under IC 5-14.".
1314-Page 9, delete lines 9 through 14, begin a new paragraph and insert:
1315-"(b) The secretary of state shall cooperate with the Indiana
1316-department of health and the department of insurance to develop
1317-and implement a plan to collect the information described in this
1318-section.
1319-(c) Information described in subsection (b) is confidential and
1320-may not be disclosed under IC 5-14.".
1321-Page 12, delete lines 6 through 16, begin a new paragraph and
1322-insert:
1323-"Sec. 6. (a) The department shall cooperate with the Indiana
1324-department of health and the secretary of state to develop and
1325-implement a plan to collect the information described in section 5
1326-of this chapter, IC 16-21-6-3(a)(14) through IC 16-21-6-3(a)(17),
1327-and IC 23-0.5-2-13(a)(6).
1328-EH 1666—LS 7760/DI 92 32
1329-(b) Before September 1 of each year, the department shall
1330-provide the information collected under section 5 of this chapter to
1331-the Indiana department of health.
1332-(c) Information described in subsection (a) is confidential and
1333-may not be disclosed under IC 5-14.".
1334-Renumber all SECTIONS consecutively.
1335-(Reference is to EHB 1666 as printed March 21, 2025.)
1336-JOHNSON T
13371307 EH 1666—LS 7760/DI 92