*SB0147.2*
Reprinted
February 14, 2025
SENATE BILL No. 147
_____
DIGEST OF SB 147 (Updated February 13, 2025 3:47 pm - DI 154)
Citations Affected: IC 25-22.5; IC 27-1.
Synopsis: Physician referrals and reimbursement rates. Prohibits, in
accordance with the federal Stark Law (42 U.S.C. 1395nn), 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 attorney general may
investigate certain complaints. Provides that the attorney general may
cooperate with federal, state, and local law enforcement agencies in the
investigation of certain complaints. Provides that the attorney general
may take certain actions when conducting an investigation of certain
complaints. 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, Charbonneau, Johnson T,
Randolph Lonnie M
January 8, 2025, read first time and referred to Committee on Health and Provider
Services.
January 23, 2025, reported favorably — Do Pass.
January 27, 2025, read second time, ordered engrossed. Engrossed.
February 4, 2025, returned to second reading.
February 13, 2025, re-read second time, amended, ordered engrossed.
SB 147—LS 6335/DI 154 Reprinted
February 14, 2025
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. In accordance with the
4 federal Stark Law (42 U.S.C. 1395nn), a referring physician may
5 not receive compensation or an incentive from a health care entity
6 or another physician, who is in the same health care network as the
7 referring physician, for referring a patient to the health care entity
8 or other physician.
9 SECTION 2. IC 25-22.5-11-3.6 IS ADDED TO THE INDIANA
10 CODE AS A NEW SECTION TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2025]: Sec. 3.6. The attorney general may do
12 the following:
13 (1) Investigate complaints of violations of section 3.5 of this
14 chapter or the federal Stark Law (42 U.S.C. 1395nn).
15 (2) Cooperate with federal, state, and local law enforcement
16 agencies in the investigation of a violation of section 3.5 of this
17 chapter or the federal Stark Law (42 U.S.C. 1395nn). To the
SB 147—LS 6335/DI 154 2
1 extent authorized by federal law, the attorney general may
2 enforce compliance with section 3.5 of this chapter or the
3 federal Stark Law (42 U.S.C. 1395nn) or refer suspected
4 violations of section 3.5 of this chapter or the federal Stark
5 Law (42 U.S.C. 1395nn) to the appropriate federal regulatory
6 agencies.
7 SECTION 3. IC 25-22.5-11-3.7 IS ADDED TO THE INDIANA
8 CODE AS A NEW SECTION TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2025]: Sec. 3.7. The attorney general may do
10 any of the following when conducting an investigation under
11 section 3.6 of this chapter:
12 (1) Issue and serve a subpoena for the production of records,
13 including records stored in electronic data processing systems,
14 books, papers, and documents, for inspection by the attorney
15 general or an investigator.
16 (2) Issue and serve a subpoena for the appearance of a person
17 to provide testimony under oath.
18 (3) Apply to a court with jurisdiction to enforce a subpoena
19 described in subdivision (1) or (2).
20 SECTION 4. IC 27-1-44.5-8, AS ADDED BY P.L.195-2021,
21 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2025]: Sec. 8. The data base must do the following:
23 (1) Provide an online, public web portal that is free to use and
24 allows the public to view the average negotiated charges by each
25 health carrier for specific health care services provided by an
26 individual health care provider, as well as the quality metrics for
27 facilities and providers for specific health care services. Facilities
28 and providers include hospitals, physician groups, ambulatory
29 outpatient surgical centers, physical therapy offices, imaging
30 centers, laboratories, infusion clinics, pharmacies, and any other
31 location providing health care services.
32 (2) Be available to the public as a resource to insurers, consumers,
33 employers, providers, purchasers of health care, and state
34 agencies to allow for continuous review of health care utilization,
35 expenditures, and quality and safety performance in the state.
36 (3) Be available to state agencies and private entities in the state
37 that are engaged in efforts to improve health care, subject to rules
38 adopted by the department.
39 (4) Be presented to allow for comparisons of geographic,
40 demographic, and economic factors and institutional size.
41 (5) Present data in a consumer friendly manner.
42 (6) Publish data collected from health payers regarding
SB 147—LS 6335/DI 154 3
1 physician reimbursement rates as a separate line item for
2 each contract instead of in the aggregate.
SB 147—LS 6335/DI 154 4
COMMITTEE REPORT
Mr. President: The Senate Committee on Health and Provider
Services, to which was referred Senate Bill No. 147, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill DO PASS.
(Reference is to SB 147 as introduced.)
CHARBONNEAU, Chairperson
Committee Vote: Yeas 11, Nays 1
_____
SENATE MOTION
Mr. President: I move that Engrossed Senate Bill 147, which is
eligible for third reading, be returned to second reading for purposes of
amendment.
BUSCH
_____
SENATE MOTION
Mr. President: I move that Senate Bill 147 be amended to read as
follows:
Page 1, line 3, delete "A referring" and insert "In accordance with
the federal Stark Law (42 U.S.C. 1395nn), a referring".
Page 1, between lines 7 and 8, begin a new paragraph and insert:
"SECTION 2. IC 25-22.5-11-3.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3.6. The attorney general may do
the following:
(1) Investigate complaints of violations of section 3.5 of this
chapter or the federal Stark Law (42 U.S.C. 1395nn).
(2) Cooperate with federal, state, and local law enforcement
agencies in the investigation of a violation of section 3.5 of this
chapter or the federal Stark Law (42 U.S.C. 1395nn). To the
extent authorized by federal law, the attorney general may
enforce compliance with section 3.5 of this chapter or the
federal Stark Law (42 U.S.C. 1395nn) or refer suspected
SB 147—LS 6335/DI 154 5
violations of section 3.5 of this chapter or the federal Stark
Law (42 U.S.C. 1395nn) to the appropriate federal regulatory
agencies.
SECTION 3. IC 25-22.5-11-3.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3.7. The attorney general may do
any of the following when conducting an investigation under
section 3.6 of this chapter:
(1) Issue and serve a subpoena for the production of records,
including records stored in electronic data processing systems,
books, papers, and documents, for inspection by the attorney
general or an investigator.
(2) Issue and serve a subpoena for the appearance of a person
to provide testimony under oath.
(3) Apply to a court with jurisdiction to enforce a subpoena
described in subdivision (1) or (2).".
Page 2, delete lines 16 through 42.
Delete page 3.
Renumber all SECTIONS consecutively.
(Reference is to SB 147 as printed January 24, 2025.)
BUSCH
SB 147—LS 6335/DI 154