Introduced Version SENATE BILL No. 147 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 25-22.5-11-3.5; IC 27-1-44.5. Synopsis: Physician referrals and reimbursement rates. Prohibits a referring physician from receiving compensation or an incentive from a health care entity or another physician, who is in the same health care network as the referring physician, for referring a patient to the health care entity or other physician. Provides that the rules adopted by the department of insurance regarding the all payer claims data base must include a requirement that health payers report physician reimbursement rates for each contract and specify a process for health payers to report the physician reimbursement rates. Requires the all payer claims data base to publish the physician reimbursement rates as a separate line item for each contract instead of in the aggregate. Effective: July 1, 2025. Busch January 8, 2025, read first time and referred to Committee on Health and Provider Services. 2025 IN 147—LS 6335/DI 154 Introduced First Regular Session of the 124th General Assembly (2025) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2024 Regular Session of the General Assembly. SENATE BILL No. 147 A BILL FOR AN ACT to amend the Indiana Code concerning insurance. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 25-22.5-11-3.5 IS ADDED TO THE INDIANA 2 CODE AS A NEW SECTION TO READ AS FOLLOWS 3 [EFFECTIVE JULY 1, 2025]: Sec. 3.5. A referring physician may 4 not receive compensation or an incentive from a health care entity 5 or another physician, who is in the same health care network as the 6 referring physician, for referring a patient to the health care entity 7 or other physician. 8 SECTION 2. IC 27-1-44.5-8, AS ADDED BY P.L.195-2021, 9 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 10 JULY 1, 2025]: Sec. 8. The data base must do the following: 11 (1) Provide an online, public web portal that is free to use and 12 allows the public to view the average negotiated charges by each 13 health carrier for specific health care services provided by an 14 individual health care provider, as well as the quality metrics for 15 facilities and providers for specific health care services. Facilities 16 and providers include hospitals, physician groups, ambulatory 17 outpatient surgical centers, physical therapy offices, imaging 2025 IN 147—LS 6335/DI 154 2 1 centers, laboratories, infusion clinics, pharmacies, and any other 2 location providing health care services. 3 (2) Be available to the public as a resource to insurers, consumers, 4 employers, providers, purchasers of health care, and state 5 agencies to allow for continuous review of health care utilization, 6 expenditures, and quality and safety performance in the state. 7 (3) Be available to state agencies and private entities in the state 8 that are engaged in efforts to improve health care, subject to rules 9 adopted by the department. 10 (4) Be presented to allow for comparisons of geographic, 11 demographic, and economic factors and institutional size. 12 (5) Present data in a consumer friendly manner. 13 (6) Publish data collected from health payers regarding 14 physician reimbursement rates as a separate line item for 15 each contract instead of in the aggregate. 16 SECTION 3. IC 27-1-44.5-11, AS AMENDED BY P.L.225-2023, 17 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 18 JULY 1, 2025]: Sec. 11. (a) Except as provided in subsection (c), the 19 department shall adopt rules under IC 4-22-2 to implement this chapter. 20 The rules must include a requirement that health payer data sources 21 submit necessary information to the administrator. Rules enacted under 22 this subsection must cover all health payer data sources as follows: 23 (1) The department shall adopt rules that apply to health payers 24 regulated under IC 27. 25 (2) The office of the secretary of family and social services shall 26 adopt rules that apply to health payers regulated under IC 12. 27 (b) The department shall adopt provisional rules under 28 IC 4-22-2-37.1 establishing a fee formula for data licensing and the 29 collection and release of claims data. 30 (c) The department may adopt rules under IC 4-22-2 concerning the: 31 (1) requirement that health payers submit required data under 32 section 5 of this chapter; and 33 (2) establishment of a fee formula for data licensing, collection, 34 and release of claims described in section 9 of this chapter. 35 (d) The rules adopted by the department under this section 36 must: 37 (1) include a requirement that health payers report physician 38 reimbursement rates for each contract, including contracts 39 with physician groups and individual physicians; and 40 (2) specify a process for health payers to report the data 41 described in subdivision (1). 42 (d) (e) The department may impose a civil penalty on a health payer 2025 IN 147—LS 6335/DI 154 3 1 that is required to submit information under this chapter and fails to 2 comply. A civil penalty collected under this section must be deposited 3 in the department of insurance fund created by IC 27-1-3-28. 2025 IN 147—LS 6335/DI 154