Indiana 2025 Regular Session

Indiana Senate Bill SB0317 Compare Versions

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1-*SB0317.1*
2-February 14, 2025
1+
2+Introduced Version
33 SENATE BILL No. 317
44 _____
5-DIGEST OF SB 317 (Updated February 12, 2025 11:52 am - DI 104)
6-Citations Affected: IC 16-18; IC 16-21; IC 24-4.5; IC 32-28;
7-IC 34-55.
8-Synopsis: Health care debt and costs. Requires hospitals to do the
9-following: (1) Offer the person who has received health services the
10-opportunity to pay the charges through a payment plan that satisfies
11-certain requirements. (2) Develop a written notice about a charity care
12-program operated by the hospital, provide the notice to patients, and
13-post the notice. (3) Include certain information concerning financial
14-assistance on a billing statement. (4) Requires a hospital that reports an
15-annual gross patient revenue of at least $20,000,000 to provide written
16-notice and information to a person who has requested an eligibility
17-determination concerning a payment plan or charity care. Provides that
18-the unpaid earnings of a consumer who meets specified income
19-eligibility requirements may not be attached by garnishment in
20-satisfaction of: (1) any amount of health care debt owed or alleged to
21-be owed by the consumer; or (2) any amount of the judgment that
5+DIGEST OF INTRODUCED BILL
6+Citations Affected: IC 16-18-2-52.5; IC 16-21; IC 24-4.5-5-104;
7+IC 24-5-24.8; IC 28-9; IC 32-28-16; IC 32-33-22; IC 34-25-1-1.5;
8+IC 34-55-9.
9+Synopsis: Health care debt and costs. Adds to the Indiana Code a new
10+chapter that requires hospitals to do the following: (1) For any charges
11+for health care services provided to a person after June 30, 2025, offer
12+the person the opportunity to pay the charges through a payment plan
13+that satisfies certain requirements. (2) Develop a written notice about
14+any charity care program operated by the hospital, provide the notice
15+to patients at the point of service, and conspicuously post the notice in
16+specified areas. (3) Requires a hospital that reports an annual gross
17+patient revenue of at least $20,000,000 to do the following: (A) Before
18+billing a person for any emergency or medically necessary health care
19+services provided to the person, offer to determine whether a person is
20+eligible for any charity care program operated by the hospital. (B) If the
21+hospital determines that person is eligible for the hospital's charity care
22+program, offer to enroll the person in the program. (4) Prohibits a
23+hospital that reports an annual gross patient revenue of at least
24+$20,000,000 from billing a person for any emergency or medically
25+necessary health care services that the hospital has provided to the
26+person unless the hospital first communicates to the person a good faith
27+estimate of the person's out-of-pocket costs for the services. Provides
28+that the unpaid earnings of a consumer who resides in Indiana may not
29+be attached by garnishment in satisfaction of: (1) any amount of health
30+care debt owed or alleged to be owed by the consumer; or (2) in an
31+action against the consumer in which a judgment has been entered, any
32+amount of the judgment that represents health care debt determined to
33+be owed by the consumer. Prohibits: (1) a health care provider; or (2)
34+a third party furnisher of consumer information; from reporting or
2235 (Continued next page)
2336 Effective: Upon passage; July 1, 2025.
24-Qaddoura, Charbonneau, Yoder,
25-Ford J.D., Jackson L, Becker, Deery
37+Qaddoura, Charbonneau
2638 January 13, 2025, read first time and referred to Committee on Health and Provider
2739 Services.
28-February 13, 2025, amended, reported favorably — Do Pass.
29-SB 317—LS 7017/DI 101 Digest Continued
30-represents health care debt determined to be owed by the consumer.
31-Provides that: (1) any amount of health care debt owed or alleged to be
32-owed by a consumer; or (2) in an action against a consumer in which
33-a judgment has been entered, any amount of the judgment that
34-represents health care debt determined to be owed by the consumer;
35-does not constitute a lien against the consumer's principal residence for
36-a consumer that meets specified income requirements. Provides that in
37-any action filed in Indiana for the recovery of health care debt owed or
38-alleged to be owed by a consumer, the principal residence of the
40+2025 IN 317—LS 7017/DI 101 Digest Continued
41+furnishing to a consumer reporting agency any information related to
42+the health care debt of an eligible consumer (defined as a consumer
43+who has a household income of not more than 500% of the federal
44+poverty level). Provides that if information related to health care debt
45+of an eligible consumer is reported to a consumer reporting agency in
46+violation of these provisions: (1) the eligible consumer is relieved from
47+any liability to pay the amount reported; and (2) the health care
48+provider and any third party furnisher engaged by the health care
49+provider may not collect or attempt to collect the amount reported.
50+Requires a consumer reporting agency, upon request from an eligible
51+consumer, to delete any record of health care debt that is maintained in
52+the eligible consumer's file and reported or furnished in violation of
53+these provisions. Prohibits a health care provider from: (1) charging or
54+collecting interest on the unpaid balances of health care debt at an
55+annual rate that exceeds 3%; or (2) initiating any delinquent account
56+action with respect to health care debt during the pendency of an
57+appeal by the consumer for the denial of insurance or other third party
58+coverage. Provides that a person that violates these provisions commits
59+a deceptive act that is actionable only by the attorney general under the
60+Indiana statute concerning deceptive consumer sales. Amends the
61+statute concerning adverse claims against deposit accounts to prohibit
62+a depository financial institution that receives notice of an adverse
63+claim based on health care debt owed or alleged to be owed by a
64+consumer from: (1) recognizing the adverse claim in any manner; or (2)
65+placing a hold on, or otherwise restricting withdrawal of funds from, a
66+deposit account in which the consumer has an interest. Provides that:
67+(1) any amount of health care debt owed or alleged to be owed by a
68+consumer; or (2) in an action against a consumer in which a judgment
69+has been entered, any amount of the judgment that represents health
70+care debt determined to be owed by the consumer; does not constitute
71+a lien against the consumer's principal residence or against certain
72+personal property of the consumer. Provides that in any action filed in
73+Indiana for the recovery of health care debt owed or alleged to be owed
74+by a consumer, the court does not have and shall not entertain
75+jurisdiction in any: (1) action of attachment against the real or personal
76+property of the consumer; or (2) action of garnishment. Provides that
77+in any action filed in Indiana for the recovery of health care debt owed
78+or alleged to be owed by a consumer, the principal residence of the
3979 consumer is not liable to judgment or attachment or to be sold on
4080 execution against the consumer.
41-SB 317—LS 7017/DI 101SB 317—LS 7017/DI 101 February 14, 2025
81+2025 IN 317—LS 7017/DI 1012025 IN 317—LS 7017/DI 101 Introduced
4282 First Regular Session of the 124th General Assembly (2025)
4383 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
4484 Constitution) is being amended, the text of the existing provision will appear in this style type,
4585 additions will appear in this style type, and deletions will appear in this style type.
4686 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
4787 provision adopted), the text of the new provision will appear in this style type. Also, the
4888 word NEW will appear in that style type in the introductory clause of each SECTION that adds
4989 a new provision to the Indiana Code or the Indiana Constitution.
5090 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
5191 between statutes enacted by the 2024 Regular Session of the General Assembly.
5292 SENATE BILL No. 317
5393 A BILL FOR AN ACT to amend the Indiana Code concerning trade
5494 regulation.
5595 Be it enacted by the General Assembly of the State of Indiana:
5696 1 SECTION 1. IC 16-18-2-52.5 IS AMENDED TO READ AS
5797 2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 52.5. (a) "Charity care",
5898 3 for purposes of IC 16-21-6, IC 16-21-6.1, and IC 16-21-9, means the
5999 4 unreimbursed cost to a hospital of providing, funding, or otherwise
60100 5 financially supporting health care services:
61101 6 (1) to a person classified by the hospital as financially indigent or
62102 7 medically indigent on an inpatient or outpatient basis; and
63103 8 (2) to financially indigent patients through other nonprofit or
64104 9 public outpatient clinics, hospitals, or health care organizations.
65105 10 (b) As used in this section, "financially indigent" means an
66106 11 uninsured or underinsured person who is accepted for care with no
67107 12 obligation or a discounted obligation to pay for the services rendered
68108 13 based on the hospital's financial criteria and procedure used to
69109 14 determine if a patient is eligible for charity care. The criteria and
70110 15 procedure must include income levels and means testing indexed to the
71-SB 317—LS 7017/DI 101 2
111+2025 IN 317—LS 7017/DI 101 2
72112 1 federal poverty guidelines. A hospital may determine that a person is
73113 2 financially or medically indigent under the hospital's eligibility system
74114 3 after health care services are provided.
75115 4 (c) As used in this section, "medically indigent" means a person
76116 5 whose medical or hospital bills after payment by third party payors
77117 6 exceed a specified percentage of the patient's annual gross income as
78118 7 determined in accordance with the hospital's eligibility system, and
79119 8 who is financially unable to pay the remaining bill.
80120 9 SECTION 2. IC 16-21-6.1 IS ADDED TO THE INDIANA CODE
81121 10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
82122 11 JULY 1, 2025]:
83123 12 Chapter 6.1. Hospitals' Billing Practices and Financial
84124 13 Disclosures to Patients
85125 14 Sec. 1. (a) This section applies to health care services provided
86126 15 to a person by a hospital after June 30, 2025.
87127 16 (b) With respect to any bill that:
88128 17 (1) includes charges for health care services provided to a
89129 18 person by a hospital; and
90130 19 (2) is submitted to that person for payment;
91131 20 a hospital shall offer the person the opportunity to pay the listed
92132 21 charges through a payment plan that satisfies the requirements set
93133 22 forth in this section.
94134 23 (c) A hospital's offer under subsection (b) must:
95135 24 (1) be in writing and communicated in plain language;
96136 25 (2) include instructions for how the person may enter into a
97137 26 payment plan; and
98138 27 (3) if the offer is included in the bill for the charges to which
99139 28 the offer pertains, be printed in prominent type on the front
100140 29 of the first page of the bill.
101141 30 (d) A hospital may provide a person the offer required by
102142 31 subsection (b):
103143 32 (1) in a writing delivered to the person;
104144 33 (2) by electronic mail; or
105145 34 (3) through a mobile application or another Internet based
106146 35 method, if available;
107147 36 according to the person's expressed preference for
108148 37 communications.
109149 38 (e) If a person accepts a hospital's offer to enter into a payment
110150 39 plan under this section, the hospital shall provide, in the manner
111151 40 described in subsection (d), a written copy of the payment plan to
112152 41 the person not later than five (5) business days after the payment
113153 42 plan is executed by both parties. The plan must prominently
114-SB 317—LS 7017/DI 101 3
154+2025 IN 317—LS 7017/DI 101 3
115155 1 disclose:
116-2 (1) the rate of any interest that will be applied to unpaid
117-3 balances under the plan; and
156+2 (1) subject to IC 24-5-24.8-12(b)(1), the rate of any interest
157+3 that will be applied to unpaid balances under the plan; and
118158 4 (2) the date by which the account will be paid in full, assuming
119159 5 that all scheduled payments will be made when due.
120160 6 A person is not required to make a payment under the payment
121161 7 plan until a written copy of the payment plan has been provided to
122162 8 the person under this section in the manner described in subsection
123163 9 (d).
124164 10 (f) A hospital's payment plan under this section must satisfy the
125165 11 following:
126166 12 (1) The payment plan must allow payments to be made over
127167 13 a period of at least twenty-four (24) months.
128168 14 (2) The amount of any one (1) monthly payment may not
129-15 exceed ten percent (10%) of the person's gross monthly
169+15 exceed five percent (5%) of the person's gross monthly
130170 16 household income.
131171 17 (3) The first payment under the plan may not be due before
132-18 thirty (30) days have elapsed from the latest date of service
172+18 ninety (90) days have elapsed from the latest date of service
133173 19 for the health care services to which the payment plan
134174 20 pertains.
135175 21 (4) Payments under the plan must be suspended without
136176 22 penalty during the pendency of any appeal by the person for
137177 23 the denial of insurance or other third party coverage for the
138-24 health care services to which the payment plan pertains if the
139-25 patient provides the hospital with documentation of the
140-26 appeal. Payments under the plan may resume after thirty (30)
141-27 days from the date the hospital receives documentation of the
142-28 appeal unless the patient provides additional documentation
143-29 concerning the pending appeal.
144-30 Sec. 2. (a) A hospital shall develop a written notice about any
145-31 charity care program operated by the hospital and about the
146-32 procedures by which a person may apply for any such charity care
147-33 program. The notice must be in English and, to the extent
148-34 practicable, in any other prevalent language used in the
149-35 communities served by the hospital. The notice must be:
150-36 (1) provided to a person at the time of intake or discharge of
151-37 the person; and
152-38 (2) conspicuously posted in the waiting area of the emergency
153-39 room, if any, and the admissions intake area of the hospital.
154-40 (b) The hospital must include on a patient's billing statement the
155-41 following information:
156-42 (1) A statement that financial assistance is available.
157-SB 317—LS 7017/DI 101 4
158-1 (2) The telephone number to call to obtain information
159-2 concerning financial assistance.
160-3 (3) An Internet link to a web page that includes information
161-4 and any documentation concerning obtaining financial
162-5 assistance.
163-6 Sec. 3. (a) This section applies to:
178+24 health care services to which the payment plan pertains.
179+25 Sec. 2. A hospital shall develop a written notice about any
180+26 charity care program operated by the hospital and about the
181+27 procedures by which a person may apply for any such charity care
182+28 program. The notice must be in English and, to the extent
183+29 practicable, in any other prevalent language used in the
184+30 communities served by the hospital. The notice must be:
185+31 (1) provided to a person at the time the person receives health
186+32 care services, to the extent practicable; and
187+33 (2) conspicuously posted in the following areas:
188+34 (A) The general waiting area.
189+35 (B) The waiting area for emergency services.
190+36 (C) The business office.
191+37 (D) Any other area that the hospital considers an
192+38 appropriate area in which to provide notice of a charity
193+39 care program.
194+40 Sec. 3. (a) This section applies to:
195+41 (1) a hospital that had gross patient revenue of at least twenty
196+42 million dollars ($20,000,000) during the hospital's
197+2025 IN 317—LS 7017/DI 101 4
198+1 immediately preceding fiscal year, as reported to the state
199+2 department under IC 16-21-6-3; and
200+3 (2) emergency or medically necessary health care services
201+4 provided to a person by the hospital after June 30, 2025.
202+5 (b) As used in this section, "gross patient revenue" has the
203+6 meaning set forth in IC 16-21-6-1.
204+7 (c) Before billing a person for any emergency or medically
205+8 necessary health care services provided to the person, a hospital to
206+9 which this section applies shall offer to determine whether the
207+10 person is eligible for any charity care program operated by the
208+11 hospital. If the person consents in writing to the hospital's offer, the
209+12 hospital shall:
210+13 (1) make the determination in accordance with the hospital's
211+14 financial criteria and procedures used to determine a person's
212+15 eligibility for the hospital's charity care program, including
213+16 the use of income levels and means testing indexed to the
214+17 federal poverty guidelines, as described in IC 16-18-2-52.5(b);
215+18 and
216+19 (2) provide to the person written notice of the determination
217+20 in accordance with subsection (d) not later than fourteen (14)
218+21 days after the person's written consent under this subsection.
219+22 (d) After determining whether a person is eligible for the
220+23 hospital's charity care program under subsection (c), the hospital
221+24 shall provide to the person written notice of the determination. A
222+25 notice under this section must include the following:
223+26 (1) A statement notifying the person as to whether the person
224+27 is eligible for the hospital's charity care program.
225+28 (2) If the hospital has determined that the person is eligible
226+29 for the hospital's charity care program, an offer to enroll the
227+30 person in the program to the extent the hospital is able to do
228+31 so under any:
229+32 (A) funding limits;
230+33 (B) enrollment limits; or
231+34 (C) other limits, caps, or restrictions;
232+35 applicable to the program at the time of the person's
233+36 enrollment.
234+37 (3) Instructions for how the person may enroll in the
235+38 program.
236+39 (e) A hospital may provide notice to a person under subsection
237+40 (d):
238+41 (1) in a writing delivered to the person;
239+42 (2) by electronic mail; or
240+2025 IN 317—LS 7017/DI 101 5
241+1 (3) through a mobile application or another Internet based
242+2 method, if available;
243+3 according to the preference expressed by the person to whom
244+4 emergency or medically necessary health care services have been
245+5 provided.
246+6 Sec. 4. (a) This section applies to:
164247 7 (1) a hospital that had gross patient revenue of at least twenty
165248 8 million dollars ($20,000,000) during the hospital's
166249 9 immediately preceding fiscal year, as reported to the state
167250 10 department under IC 16-21-6-3; and
168251 11 (2) emergency or medically necessary health care services
169252 12 provided to a person by the hospital after June 30, 2025.
170253 13 (b) As used in this section, "gross patient revenue" has the
171254 14 meaning set forth in IC 16-21-6-1.
172-15 (c) If a person requests a determination of eligibility for a
173-16 payment plan or charity care program administered by the
174-17 hospital, the hospital shall provide written notice as provided in
175-18 subsection (d) not later than fourteen (14) days from the person's
176-19 request.
177-20 (d) The written notice under subsection (c) must include the
178-21 following:
179-22 (1) A statement notifying the person as to whether the person
180-23 is eligible for the hospital's payment plan or charity care
181-24 program.
182-25 (2) If the hospital has determined that the person is eligible
183-26 for the hospital's payment plan or charity care program, an
184-27 offer to enroll the person in the payment plan or charity care
185-28 program to the extent the hospital is able to do so under any:
186-29 (A) funding limits;
187-30 (B) enrollment limits; or
188-31 (C) other limits, caps, or restrictions;
189-32 applicable to the payment plan or charity care program at the
190-33 time of the person's enrollment.
191-34 (3) Instructions for how the person may enroll in the payment
192-35 plan or charity care program.
193-36 (e) A hospital may provide notice to a person under subsection
194-37 (d):
195-38 (1) in a writing delivered to the person;
196-39 (2) by electronic mail; or
197-40 (3) through a mobile application or another Internet based
198-41 method, if available;
199-42 according to the preference expressed by the person to whom
200-SB 317—LS 7017/DI 101 5
201-1 emergency or medically necessary health care services have been
202-2 provided.
203-3 SECTION 3. IC 16-21-9-7, AS AMENDED BY P.L.6-2012,
204-4 SECTION 115, IS AMENDED TO READ AS FOLLOWS
205-5 [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) Each nonprofit hospital shall
206-6 prepare an annual report of the community benefits plan. The report
207-7 must include, in addition to the community benefits plan itself, the
208-8 following background information:
209-9 (1) The hospital's mission statement.
210-10 (2) A disclosure of the health care needs of the community that
211-11 were considered in developing the hospital's community benefits
212-12 plan.
213-13 (3) A disclosure of the amount and types of community benefits
214-14 actually provided, including charity care. Charity care must be
215-15 reported as a separate item from other community benefits.
216-16 (b) Each nonprofit hospital shall annually file a report of the
217-17 community benefits plan with the state department. For a hospital's
218-18 fiscal year that ends before July 1, 2011, the report must be filed not
219-19 later than one hundred twenty (120) days after the close of the
220-20 hospital's fiscal year. For a hospital's fiscal year that ends after June 30,
221-21 2011, the report must be filed at the same time the nonprofit hospital
222-22 files its annual return described under Section 6033 of the Internal
223-23 Revenue Code that is timely filed under Section 6072(e) of the Internal
224-24 Revenue Code, including any applicable extension authorized under
225-25 Section 6081 of the Internal Revenue Code.
226-26 (c) Each nonprofit hospital shall prepare a statement that notifies the
227-27 public that the annual report of the community benefits plan is:
228-28 (1) public information;
229-29 (2) filed with the state department; and
230-30 (3) available to the public on request from the state department.
231-31 This statement shall be posted in prominent places throughout the
232-32 hospital, including the emergency room waiting area and the
233-33 admissions office waiting area. The statement shall also be printed in
234-34 the hospital patient guide or other material that provides the patient
235-35 with information about the admissions criteria of the hospital.
236-36 (d) Each nonprofit hospital shall develop, provide, and post a
237-37 written notice about any charity care program operated by the hospital
238-38 and how to apply for charity care. The notice must be in appropriate
239-39 languages if possible. The notice must also be conspicuously posted in
240-40 the following areas:
241-41 (1) The general waiting area.
242-42 (2) The waiting area for emergency services.
243-SB 317—LS 7017/DI 101 6
244-1 (3) The business office.
245-2 (4) Any other area that the hospital considers an appropriate area
246-3 in which to provide notice of a charity care program. in
247-4 accordance with IC 16-21-6.1-2.
248-5 SECTION 4. IC 24-4.5-5-104 IS AMENDED TO READ AS
249-6 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 104. No
250-7 Garnishment Before Judgment — (1) As used in this section,
251-8 "consumer" means an individual whose household income is not
252-9 more than two hundred fifty percent (250%) of the federal poverty
253-10 level and whose principal residence is in Indiana. The term
254-11 includes the following:
255+15 (c) A hospital may not bill a person for any emergency or
256+16 medically necessary health care services that the hospital has
257+17 provided to the person unless the hospital first communicates to
258+18 the person a good faith estimate of the person's out-of-pocket costs
259+19 for the services after any expected payments or discounts from the
260+20 following have been applied to the total charges for the services
261+21 provided:
262+22 (1) Any charity care program:
263+23 (A) operated by the hospital; and
264+24 (B) with respect to which the person has been:
265+25 (i) determined to be eligible for; and
266+26 (ii) enrolled in;
267+27 under section 3 of this chapter.
268+28 (2) A third party payor, including:
269+29 (A) Medicare;
270+30 (B) Medicaid or any other federal, state, or local indigent
271+31 health care program, eligibility for which is based on
272+32 financial need; or
273+33 (C) commercial insurance;
274+34 (d) A hospital may provide the good faith estimate required by
275+35 this section:
276+36 (1) in a writing delivered to the person;
277+37 (2) by electronic mail; or
278+38 (3) through a mobile application or another Internet based
279+39 method, if available;
280+40 according to the preference expressed by the person to whom
281+41 health care services have been provided.
282+42 (e) The good faith estimate required by this section after health
283+2025 IN 317—LS 7017/DI 101 6
284+1 care services have been provided is separate from, and in addition
285+2 to, any good faith estimate requested by an individual under
286+3 IC 27-1-46 before nonemergency health care services are provided
287+4 to the individual.
288+5 SECTION 3. IC 16-21-9-7, AS AMENDED BY P.L.6-2012,
289+6 SECTION 115, IS AMENDED TO READ AS FOLLOWS
290+7 [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) Each nonprofit hospital shall
291+8 prepare an annual report of the community benefits plan. The report
292+9 must include, in addition to the community benefits plan itself, the
293+10 following background information:
294+11 (1) The hospital's mission statement.
295+12 (2) A disclosure of the health care needs of the community that
296+13 were considered in developing the hospital's community benefits
297+14 plan.
298+15 (3) A disclosure of the amount and types of community benefits
299+16 actually provided, including charity care. Charity care must be
300+17 reported as a separate item from other community benefits.
301+18 (b) Each nonprofit hospital shall annually file a report of the
302+19 community benefits plan with the state department. For a hospital's
303+20 fiscal year that ends before July 1, 2011, the report must be filed not
304+21 later than one hundred twenty (120) days after the close of the
305+22 hospital's fiscal year. For a hospital's fiscal year that ends after June 30,
306+23 2011, the report must be filed at the same time the nonprofit hospital
307+24 files its annual return described under Section 6033 of the Internal
308+25 Revenue Code that is timely filed under Section 6072(e) of the Internal
309+26 Revenue Code, including any applicable extension authorized under
310+27 Section 6081 of the Internal Revenue Code.
311+28 (c) Each nonprofit hospital shall prepare a statement that notifies the
312+29 public that the annual report of the community benefits plan is:
313+30 (1) public information;
314+31 (2) filed with the state department; and
315+32 (3) available to the public on request from the state department.
316+33 This statement shall be posted in prominent places throughout the
317+34 hospital, including the emergency room waiting area and the
318+35 admissions office waiting area. The statement shall also be printed in
319+36 the hospital patient guide or other material that provides the patient
320+37 with information about the admissions criteria of the hospital.
321+38 (d) Each nonprofit hospital shall develop, provide, and post a
322+39 written notice about any charity care program operated by the hospital
323+40 and how to apply for charity care. The notice must be in appropriate
324+41 languages if possible. The notice must also be conspicuously posted in
325+42 the following areas:
326+2025 IN 317—LS 7017/DI 101 7
327+1 (1) The general waiting area.
328+2 (2) The waiting area for emergency services.
329+3 (3) The business office.
330+4 (4) Any other area that the hospital considers an appropriate area
331+5 in which to provide notice of a charity care program. in
332+6 accordance with IC 16-21-6.1-2.
333+7 SECTION 4. IC 24-4.5-5-104 IS AMENDED TO READ AS
334+8 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 104. No
335+9 Garnishment Before Judgment — (1) As used in this section,
336+10 "consumer" means an individual whose principal residence is in
337+11 Indiana. The term includes the following:
255338 12 (a) A protected consumer (as defined in IC 24-5-24.5-4).
256339 13 (b) A representative acting on behalf of a protected consumer
257340 14 (as defined in IC 24-5-24.5-4).
258341 15 (2) As used in this section, "health care debt" means an
259342 16 obligation or an alleged obligation of a consumer to pay an amount
260343 17 related to the receipt of health care services, products, or devices
261344 18 provided to a person by a health care provider. The term does not
262345 19 include debt charged to a credit card unless the credit card is
263346 20 issued under:
264347 21 (a) an open-end plan; or
265348 22 (b) a closed-end plan;
266349 23 offered specifically for the payment of health care services,
267350 24 products, or devices provided to a person.
268351 25 (3) As used in this section, "health care provider" means:
269352 26 (a) a hospital or facility listed in IC 16-39-7-1(a)(13); or
270353 27 (b) a provider of ambulance services (as defined in
271354 28 IC 16-18-2-13.4).
272355 29 The term includes an affiliate, officer, agent, or employee of a
273356 30 person described in subdivision (a) or (b).
274357 31 (4) Notwithstanding any other law, the unpaid earnings of a
275358 32 consumer may not, at any time, be attached by garnishment or like
276359 33 proceedings in satisfaction of:
277360 34 (a) any amount of health care debt owed or alleged to be owed
278361 35 by the consumer; or
279362 36 (b) in an action against the consumer in which a judgment has
280363 37 been entered, any amount of the judgment that represents
281364 38 health care debt determined to be owed by the consumer.
282365 39 (5) Prior to entry of judgment in an action against the debtor, no a
283366 40 creditor may not attach unpaid earnings of the debtor by garnishment
284367 41 or like proceedings.
285-42 SECTION 5. IC 32-28-16 IS ADDED TO THE INDIANA CODE
286-SB 317—LS 7017/DI 101 7
368+42 SECTION 5. IC 24-5-24.8 IS ADDED TO THE INDIANA CODE
369+2025 IN 317—LS 7017/DI 101 8
287370 1 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
288-2 UPON PASSAGE]:
289-3 Chapter 16. Prohibition Against Lien on Principal Residence of
290-4 a Consumer for Health Care Debt
291-5 Sec. 1. (a) As used in this chapter, "consumer" means an
292-6 individual whose household income is not more than two hundred
293-7 fifty percent (250%) of the federal poverty level and whose
294-8 principal residence is in Indiana.
295-9 (b) The term includes the following:
296-10 (1) A protected consumer (as defined in IC 24-5-24.5-4).
297-11 (2) A representative acting on behalf of a protected consumer
298-12 (as defined in IC 24-5-24.5-4).
299-13 Sec. 2. (a) As used in this chapter, "health care debt" means an
300-14 obligation or an alleged obligation of a consumer to pay an amount
301-15 related to the receipt of health care services, products, or devices
302-16 provided to a person by a health care provider.
303-17 (b) The term does not include debt charged to a credit card
304-18 unless the credit card is issued under:
305-19 (1) an open-end plan; or
306-20 (2) a closed-end plan;
307-21 offered specifically for the payment of health care services,
308-22 products, or devices provided to a person.
309-23 Sec. 3. As used in this chapter, "health care provider" means:
310-24 (1) a hospital or facility listed in IC 16-39-7-1(a)(13); or
311-25 (2) a provider of ambulance services (as defined in
312-26 IC 16-18-2-13.4).
313-27 The term includes an affiliate, officer, agent, or employee of a
314-28 person described in subdivision (1) or (2).
315-29 Sec. 4. As used in this chapter, "principal residence", with
316-30 respect to a consumer, means real or personal property that:
317-31 (1) is located in Indiana;
318-32 (2) the consumer:
319-33 (A) owns; or
320-34 (B) is buying under contract;
321-35 whether solely or jointly with another person; and
322-36 (3) constitutes the principal place of residence of:
323-37 (A) the consumer; or
324-38 (B) a dependent of the consumer.
325-39 Sec. 5. (a) Notwithstanding any other law:
326-40 (1) any amount of health care debt owed or alleged to be owed
327-41 by a consumer; or
328-42 (2) in an action against a consumer in which a judgment has
329-SB 317—LS 7017/DI 101 8
330-1 been entered, any amount of the judgment that represents
331-2 health care debt determined to be owed by the consumer;
332-3 does not constitute a lien against the consumer's principal
333-4 residence.
334-5 (b) A person having any ownership or other interest in an
335-6 amount described in subsection (a)(1) or (a)(2) may not assert,
336-7 claim, enter, or enforce a lien against the consumer's principal
337-8 residence.
338-9 SECTION 6. IC 34-55-9-0.5 IS ADDED TO THE INDIANA CODE
339-10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
340-11 UPON PASSAGE]: Sec. 0.5. As used in this chapter, the following
341-12 terms have the following meanings:
342-13 (1) "Consumer" means an individual whose household income
343-14 is not more than two hundred fifty percent (250%) of the
344-15 federal poverty level and whose principal residence is in
345-16 Indiana. The term includes the following:
346-17 (A) A protected consumer (as defined in IC 24-5-24.5-4).
347-18 (B) A representative acting on behalf of a protected
348-19 consumer (as defined in IC 24-5-24.5-4).
349-20 (2) "Health care debt" means an obligation or an alleged
350-21 obligation of a consumer to pay an amount related to the
351-22 receipt of health care services, products, or devices provided
352-23 to a person by a health care provider. The term does not
353-24 include debt charged to a credit card unless the credit card is
354-25 issued under:
355-26 (A) an open-end plan; or
356-27 (B) a closed-end plan;
357-28 offered specifically for the payment of health care services,
358-29 products, or devices provided to a person.
359-30 (3) "Health care provider" means:
360-31 (A) a hospital or facility listed in IC 16-39-7-1(a)(13); or
361-32 (B) a provider of ambulance services (as defined in
362-33 IC 16-18-2-13.4).
363-34 The term includes an affiliate, officer, agent, or employee of
364-35 a person described in clause (A) or (B).
365-36 (4) "Principal residence", with respect to a consumer, means
366-37 real or personal property that:
367-38 (A) is located in Indiana;
368-39 (B) the consumer:
369-40 (i) owns; or
370-41 (ii) is buying under contract;
371-42 whether solely or jointly with another person; and
372-SB 317—LS 7017/DI 101 9
373-1 (C) constitutes the principal place of residence of:
374-2 (i) the consumer; or
375-3 (ii) a dependent of the consumer.
376-4 SECTION 7. IC 34-55-9-1 IS AMENDED TO READ AS
377-5 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) Except as
378-6 provided in subsection (b), the following real estate is liable to all
379-7 judgments and attachments and to be sold on execution against the
380-8 debtor owing owning the real estate or for whose use the real estate is
381-9 held:
382-10 (1) All lands of the judgment debtor, whether in possession,
383-11 remainder, or reversion.
384-12 (2) All rights of redeeming mortgaged lands and all lands held by
385-13 virtue of any land office certificate.
386-14 (3) Lands or any estate or interest in land held by anyone in trust
387-15 for or to the use of another.
388-16 (4) All chattels real of the judgment debtor.
389-17 (b) In any action filed, in a court of competent jurisdiction in
390-18 Indiana, for the recovery of health care debt owed or alleged to be
391-19 owed by a consumer, the principal residence of the consumer is not
392-20 liable to judgment or attachment or to be sold on execution against
393-21 the consumer.
394-22 SECTION 8. IC 34-55-9-2 IS AMENDED TO READ AS
395-23 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) Except as
396-24 provided in subsection (b), all final judgments for the recovery of
397-25 money or costs in the circuit court and other courts of record of general
398-26 original jurisdiction in Indiana, whether state or federal, constitute a
399-27 lien upon real estate and chattels real liable to execution in the county
400-28 where the judgment has been duly entered and indexed in the judgment
401-29 docket as provided by law:
402-30 (1) after the time the judgment was entered and indexed; and
403-31 (2) until the expiration of ten (10) years after the rendition of the
404-32 judgment;
405-33 exclusive of any time during which the party was restrained from
406-34 proceeding on the lien by an appeal, an injunction, the death of the
407-35 defendant, or the agreement of the parties entered of record.
408-36 (b) A final judgment for the recovery of money or costs in any
409-37 action filed, in a court of competent jurisdiction in Indiana, for the
410-38 recovery of health care debt owed or alleged to be owed by a
411-39 consumer does not constitute a lien upon the principal residence of
412-40 the consumer.
413-41 SECTION 9. An emergency is declared for this act.
414-SB 317—LS 7017/DI 101 10
415-COMMITTEE REPORT
416-Mr. President: The Senate Committee on Health and Provider
417-Services, to which was referred Senate Bill No. 317, has had the same
418-under consideration and begs leave to report the same back to the
419-Senate with the recommendation that said bill be AMENDED as
420-follows:
421-Page 3, line 2, delete "subject to IC 24-5-24.8-12(b)(1),".
422-Page 3, line 15, delete "five" and insert "ten".
423-Page 3, line 15, delete "(5%)" and insert "(10%)".
424-Page 3, line 18, delete "ninety (90)" and insert "thirty (30)".
425-Page 3, line 24, delete "pertains." and insert "pertains if the patient
426-provides the hospital with documentation of the appeal. Payments
427-under the plan may resume after thirty (30) days from the date the
428-hospital receives documentation of the appeal unless the patient
429-provides additional documentation concerning the pending
430-appeal.".
431-Page 3, line 25, after "2." insert "(a)".
432-Page 3, line 31, after "time" insert "of intake or discharge of".
433-Page 3, line 31, delete "person receives health" and insert "person;
434-and".
435-Page 3, delete line 32.
436-Page 3, line 33, delete "following areas:" and insert "waiting area
437-of the emergency room, if any, and the admissions intake area of
438-the hospital.
439-(b) The hospital must include on a patient's billing statement the
440-following information:
441-(1) A statement that financial assistance is available.
442-(2) The telephone number to call to obtain information
443-concerning financial assistance.
444-(3) An Internet link to a web page that includes information
445-and any documentation concerning obtaining financial
446-assistance.".
447-Page 3, delete lines 34 through 39.
448-Page 4, delete lines 7 through 25, begin a new paragraph and insert:
449-"(c) If a person requests a determination of eligibility for a
450-payment plan or charity care program administered by the
451-hospital, the hospital shall provide written notice as provided in
452-subsection (d) not later than fourteen (14) days from the person's
453-request.
454-(d) The written notice under subsection (c) must include the
455-following:".
456-SB 317—LS 7017/DI 101 11
457-Page 4, line 27, after "hospital's" insert "payment plan or".
458-Page 4, line 29, after "hospital's" insert "payment plan or".
459-Page 4, line 30, delete "program" and insert "payment plan or
460-charity care program".
461-Page 4, line 35, delete "program" and insert "payment plan or
462-charity care program".
463-Page 4, line 38, delete "program." and insert "payment plan or
464-charity care program.".
465-Page 5, delete lines 6 through 42.
466-Page 6, delete lines 1 through 4.
467-Page 7, line 10, after "whose" insert "household income is not
468-more than two hundred fifty percent (250%) of the federal poverty
469-level and whose".
470-Page 7, delete line 42.
471-Delete pages 8 through 15.
472-Page 16, delete lines 1 through 28.
473-Page 16, line 35, after "whose" insert "household income is not
474-more than two hundred fifty percent (250%) of the federal poverty
475-level and whose".
476-Page 17, delete lines 36 through 42.
477-Delete pages 18 through 19.
478-Page 20, delete lines 1 through 2.
479-Page 20, line 7, after "whose" insert "household income is not
480-more than two hundred fifty percent (250%) of the federal poverty
481-level and whose".
482-Renumber all SECTIONS consecutively.
483-and when so amended that said bill do pass.
484-(Reference is to SB 317 as introduced.)
485-CHARBONNEAU, Chairperson
486-Committee Vote: Yeas 11, Nays 0.
487-SB 317—LS 7017/DI 101
371+2 JULY 1, 2025]:
372+3 Chapter 24.8. Prohibitions Concerning Health Care Debt
373+4 Sec. 1. As used in this chapter, "affiliate" means any person who
374+5 directly or indirectly:
375+6 (1) controls;
376+7 (2) is controlled by; or
377+8 (3) is under the common control of;
378+9 another person.
379+10 Sec. 2. (a) As used in this chapter, "consumer" means an
380+11 individual whose principal residence is in Indiana.
381+12 (b) The term includes the following:
382+13 (1) A protected consumer (as defined in IC 24-5-24.5-4).
383+14 (2) A representative acting on behalf of a protected consumer
384+15 (as defined in IC 24-5-24.5-4).
385+16 Sec. 3. As used in this chapter, "consumer report" means any
386+17 written, oral, or other communication of any information that:
387+18 (1) is made by a consumer reporting agency;
388+19 (2) bears on a consumer's creditworthiness, credit standing,
389+20 credit capacity, character, general reputation, personal
390+21 characteristics, or mode of living; and
391+22 (3) is used or expected to be used or collected in whole or in
392+23 part for the purpose of serving as a factor in establishing a
393+24 consumer's eligibility for:
394+25 (A) credit or insurance to be used primarily for personal,
395+26 family, or household purposes;
396+27 (B) employment purposes; or
397+28 (C) any other purpose authorized under Section 604 of the
398+29 federal Fair Credit Reporting Act (15 U.S.C. 1681b).
399+30 Sec. 4. (a) As used in this chapter, "consumer reporting agency"
400+31 means any person that, for monetary fees or dues, or on a
401+32 cooperative nonprofit basis, regularly engages in whole or in part
402+33 in the practice of assembling or evaluating consumer credit
403+34 information or other information on consumers for the purpose of
404+35 furnishing a consumer report to third parties.
405+36 (b) The term does not include an entity designated as a
406+37 commercially reasonable private consumer credit reporting entity
407+38 under IC 24-4.5-7-404(5).
408+39 Sec. 5. (a) As used in this chapter, "creditor" means any person
409+40 that regularly:
410+41 (1) extends, renews, or continues credit; or
411+42 (2) arranges for the extension, renewal, or continuation of
412+2025 IN 317—LS 7017/DI 101 9
413+1 credit.
414+2 (b) The term includes any person that:
415+3 (1) is an assignee of a person described in subsection (a); and
416+4 (2) participates in the decision to extend, renew, or continue
417+5 credit.
418+6 Sec. 6. As used in this chapter, "delinquent account action",
419+7 with respect to a consumer's delinquent account with a health care
420+8 provider, means any action taken to initiate, or in furtherance of:
421+9 (1) placing the customer's account for collection;
422+10 (2) charging the customer's account to profit or loss; or
423+11 (3) subjecting the customer's account to any similar action;
424+12 whether taken through the health care provider's own actions or
425+13 those of a third party furnisher.
426+14 Sec. 7. As used in this chapter, "file", when used in connection
427+15 with information on a consumer, means all the information on that
428+16 consumer that is recorded and retained by a consumer reporting
429+17 agency, regardless of how the information is stored.
430+18 Sec. 8. (a) As used in this chapter, "health care debt" means an
431+19 obligation or an alleged obligation of a consumer to pay an amount
432+20 related to the receipt of health care services, products, or devices
433+21 provided to a person by a health care provider.
434+22 (b) The term does not include debt charged to a credit card
435+23 unless the credit card is issued under:
436+24 (1) an open-end plan; or
437+25 (2) a closed-end plan;
438+26 offered specifically for the payment of health care services,
439+27 products, or devices provided to a person.
440+28 Sec. 9. As used in this chapter, "health care provider" means:
441+29 (1) a hospital or facility listed in IC 16-39-7-1(a)(13); or
442+30 (2) a provider of ambulance services (as defined in
443+31 IC 16-18-2-13.4).
444+32 The term includes an affiliate, officer, agent, or employee of a
445+33 person described in subdivision (1) or (2).
446+34 Sec. 10. (a) As used in this chapter, "third party furnisher"
447+35 means a person that regularly and in the ordinary course of
448+36 business furnishes to one (1) or more consumer reporting agencies
449+37 information about the transactions and experiences of one (1) or
450+38 more health care providers with one (1) or more consumers,
451+39 including information regarding delinquent account actions,
452+40 regardless of whether the delinquent account actions were taken
453+41 by:
454+42 (1) the person;
455+2025 IN 317—LS 7017/DI 101 10
456+1 (2) the health care provider on whose behalf the person
457+2 furnishes the information; or
458+3 (3) any other person.
459+4 (b) The term includes a collection agency (as defined in
460+5 IC 25-11-1-1) that regularly and in the ordinary course of business
461+6 engages in the activities described in subsection (a).
462+7 (c) The term includes an affiliate, officer, agent, or employee of
463+8 a person described in subsection (a) or (b).
464+9 Sec. 11. (a) This section applies to health care debt related to
465+10 health care services, products, or devices that are provided to a
466+11 consumer by a health care provider after June 30, 2025.
467+12 (b) As used in this section, "eligible consumer" means a
468+13 consumer who has a household income of not more than five
469+14 hundred percent (500%) of the federal poverty level, as verified by
470+15 a health care provider under subsection (e).
471+16 (c) In any bill that:
472+17 (1) includes charges for health care services, products, or
473+18 devices that are provided to a consumer by a health care
474+19 provider after June 30, 2025; and
475+20 (2) is submitted to that consumer for payment;
476+21 a health care provider shall include a notice that the health care
477+22 provider will not report or furnish to a consumer reporting agency
478+23 any information related to health care debt incurred by the
479+24 consumer in connection with the listed charges if the consumer
480+25 provides the health care provider written income verification
481+26 establishing that the consumer qualifies as an eligible consumer.
482+27 (d) The notice required under subsection (c) must:
483+28 (1) be in writing and communicated in plain language;
484+29 (2) be printed in prominent type on the front of the first page
485+30 of the bill; and
486+31 (3) include instructions as to:
487+32 (A) acceptable forms of documentation or proof of a
488+33 consumer's household income that the consumer may
489+34 submit to the health care provider;
490+35 (B) the methods by which the consumer may submit the
491+36 documentation or proof described in clause (A); and
492+37 (C) the date by which the consumer must submit the
493+38 documentation or proof described in clause (A), which
494+39 must not be earlier than thirty (30) days after the date of
495+40 the bill.
496+41 (e) If:
497+42 (1) a consumer submits a specified form of documentation or
498+2025 IN 317—LS 7017/DI 101 11
499+1 proof of the consumer's household income under subsection
500+2 (d)(3)(A) by the date required by subsection (d)(3)(C); and
501+3 (2) the health care provider:
502+4 (A) verifies the authenticity of the documentation or proof
503+5 of household income using a commercially reasonable
504+6 method of verification; and
505+7 (B) determines that the consumer qualifies as an eligible
506+8 consumer based on the consumer's household income;
507+9 the health care provider shall provide to the consumer, in the
508+10 manner described in subsection (h) and not later than five (5)
509+11 business days after the health care provider receives the
510+12 consumer's documentation or proof of income, a written
511+13 confirmation that the consumer qualifies as an eligible consumer
512+14 and that the health care provider will not report or furnish to a
513+15 consumer reporting agency any information related to health care
514+16 debt incurred by the consumer in connection with the charges
515+17 listed in the bill described in subsection (c).
516+18 (f) If a consumer, with respect to a bill described in subsection
517+19 (c), does not submit a specified form of documentation or proof of
518+20 the consumer's household income under subsection (d)(3)(A)
519+21 within the time required by subsection (d)(3)(C), the health care
520+22 provider is not prohibited from reporting or furnishing to a
521+23 consumer reporting agency any information related to health care
522+24 debt incurred by the consumer in connection with the charges
523+25 listed in the bill described in subsection (c).
524+26 (g) If:
525+27 (1) a consumer submits a specified form of documentation or
526+28 proof of the consumer's household income under subsection
527+29 (d)(3)(A) by the date required by subsection (d)(3)(C); but
528+30 (2) the health care provider:
529+31 (A) cannot verify the authenticity of the documentation or
530+32 proof of household income using a commercially
531+33 reasonable method of verification; or
532+34 (B) determines that the consumer does not qualify as an
533+35 eligible consumer based on the consumer's household
534+36 income;
535+37 the health care provider shall provide to the consumer, in the
536+38 manner described in subsection (h) and not later than five (5)
537+39 business days after the health care provider receives the
538+40 consumer's documentation or proof of income, a written notice
539+41 that the consumer does not qualify as an eligible consumer as of the
540+42 date of the notice. If the health care provider is a hospital, the
541+2025 IN 317—LS 7017/DI 101 12
542+1 notice must include an additional offer to the consumer to enter
543+2 into a payment plan offered by the hospital under IC 16-21-6.1-1.
544+3 (h) A health care provider may provide a consumer a bill or
545+4 notice described in this section:
546+5 (1) in a writing delivered to the consumer;
547+6 (2) by electronic mail; or
548+7 (3) through a mobile application or another Internet based
549+8 method, if available;
550+9 according to the consumer's expressed preference for
551+10 communications.
552+11 (i) A health care provider that determines that a consumer
553+12 qualifies as an eligible consumer under subsection (e) may, at the
554+13 option of the health care provider and subject to any reasonable
555+14 conditions that the health care provider may impose if a
556+15 consumer's financial situation changes, apply that determination
557+16 of eligibility with respect to any additional charges incurred by the
558+17 consumer for health care services, products, or devices provided to
559+18 the consumer after the date of service of the health care services,
560+19 products, or devices the charges for which were the basis of the
561+20 health care provider's original determination of the consumer's
562+21 eligibility.
563+22 (j) After June 30, 2025, a health care provider:
564+23 (1) shall not report or furnish to a consumer reporting agency
565+24 any information related to health care debt owed or alleged to
566+25 be owed by an eligible consumer; and
567+26 (2) shall include in any contract or agreement entered into
568+27 with a third party furnisher a provision that prohibits the
569+28 reporting or furnishing to a consumer reporting agency any
570+29 information related to health care debt owed or alleged to be
571+30 owed by an eligible consumer, including information
572+31 concerning any delinquent account action taken with respect
573+32 to health care debt owed or alleged to be owed by an eligible
574+33 consumer.
575+34 (k) In referring the delinquent account of an eligible consumer
576+35 to a third party furnisher, a health care provider must provide to
577+36 the third party furnisher a written notice that:
578+37 (1) identifies the account as belonging to an eligible consumer;
579+38 and
580+39 (2) references the provision in the health care provider's
581+40 contract or agreement with the third party furnisher that
582+41 prohibits the reporting or furnishing to a consumer reporting
583+42 agency of any information related to health care debt owed or
584+2025 IN 317—LS 7017/DI 101 13
585+1 alleged to be owed by an eligible consumer, as described in
586+2 subsection (j)(2).
587+3 (l) If information related to health care debt or any portion of
588+4 health care debt owed or alleged to be owed by an eligible
589+5 consumer is reported or furnished to a consumer reporting agency
590+6 in violation of this section:
591+7 (1) the eligible consumer who owes or is alleged to owe the
592+8 health care debt is relieved from any liability to pay the
593+9 amount of health care debt reported or furnished; and
594+10 (2) the health care provider and any third party furnisher
595+11 engaged by the health care provider before or after the
596+12 reporting or furnishing of the information may not collect or
597+13 attempt to collect the amount reported or furnished.
598+14 (m) If information related to health care debt or any portion of
599+15 health care debt owed or alleged to be owed by an eligible
600+16 consumer is reported or furnished to a consumer reporting agency
601+17 in violation of this section, the eligible consumer may submit a
602+18 request to the consumer reporting agency to delete any record of
603+19 health care debt maintained in the file of the eligible consumer and
604+20 reported or furnished in violation of this section. The consumer
605+21 reporting agency shall, not later than five (5) business days after
606+22 receiving the request, take all lawful and reasonable actions to
607+23 delete, or cause to be deleted, from the eligible consumer's file the
608+24 record of the health care debt. A consumer reporting agency may:
609+25 (1) prescribe the form and manner in which an eligible
610+26 consumer must submit to the consumer reporting agency a
611+27 request under this subsection; and
612+28 (2) require the eligible consumer to furnish proper
613+29 identification and income verification in connection with
614+30 submitting the request.
615+31 A consumer reporting agency may not impose any fee or other
616+32 charge on any eligible consumer in connection with fulfilling a
617+33 request submitted under this subsection.
618+34 Sec. 12. (a) This section applies to health care debt that is
619+35 incurred by a consumer after June 30, 2025.
620+36 (b) Notwithstanding any other law, a health care provider may
621+37 not do either of the following:
622+38 (1) Charge or collect interest on the unpaid balances of health
623+39 care debt at a rate that exceeds an annual rate of three
624+40 percent (3%).
625+41 (2) Initiate any delinquent account action with respect to
626+42 health care debt during the pendency of an appeal by the
627+2025 IN 317—LS 7017/DI 101 14
628+1 consumer for the denial of insurance or other third party
629+2 coverage for the health care services, products, or devices
630+3 with respect to which the health care debt was incurred.
631+4 Sec. 13. A creditor shall not obtain or use medical information
632+5 (as defined in 15 U.S.C. 1681a(i)) pertaining to a consumer in
633+6 connection with any determination of the consumer's eligibility, or
634+7 continued eligibility, for credit, as set forth in 15 U.S.C.
635+8 1681b(g)(2).
636+9 Sec. 14. A person who violates this chapter commits a deceptive
637+10 act that is actionable under IC 24-5-0.5 only by the attorney
638+11 general under IC 24-5-0.5-4(c).
639+12 Sec. 15. (a) The federal Fair Credit Reporting Act (15 U.S.C.
640+13 1681 et seq.) does not exempt:
641+14 (1) a health care provider;
642+15 (2) a creditor;
643+16 (3) a third party furnisher; or
644+17 (4) a consumer reporting agency;
645+18 subject to this chapter from complying with this chapter, except to
646+19 the extent that this chapter is inconsistent with any provision of the
647+20 federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), and then
648+21 only to the extent of the inconsistency, as provided in 15 U.S.C.
649+22 1681t(a).
650+23 (b) This chapter does not annul, alter, or affect any rights and
651+24 remedies available to a consumer under the federal Fair Credit
652+25 Reporting Act (15 U.S.C. 1681 et seq.), including:
653+26 (1) limitations on the furnishing of medical information (as
654+27 defined in 15 U.S.C. 1681a(i)) about a consumer by a
655+28 consumer reporting agency under 15 U.S.C. 1681b(g);
656+29 (2) the right to request information in the consumer's file
657+30 under 15 U.S.C. 1681g;
658+31 (3) the right to dispute the completeness or accuracy of any
659+32 item of information in the consumer's file under 15 U.S.C.
660+33 1681i;
661+34 (4) any applicable damages, costs, and attorney's fees
662+35 available to the consumer under:
663+36 (A) 15 U.S.C. 1681n for a person's willful noncompliance
664+37 with the federal act; or
665+38 (B) 15 U.S.C. 1681o for a person's negligent noncompliance
666+39 with the federal act; and
667+40 (5) any other applicable rights and remedies available to the
668+41 consumer under the federal act.
669+42 Sec. 16. (a) This chapter does not annul, alter, or affect any
670+2025 IN 317—LS 7017/DI 101 15
671+1 obligations or duties of:
672+2 (1) a health care provider;
673+3 (2) a creditor;
674+4 (3) a third party furnisher; or
675+5 (4) a consumer reporting agency;
676+6 under the federal Health Insurance Portability and Accountability
677+7 Act (HIPAA) (P.L. 104-191) with respect to a consumer.
678+8 (b) This chapter does not annul, alter, or affect any rights of a
679+9 consumer under the federal Health Insurance Portability and
680+10 Accountability Act (HIPAA) (P.L. 104-191).
681+11 SECTION 6. IC 28-9-2-3.5 IS ADDED TO THE INDIANA CODE
682+12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
683+13 UPON PASSAGE]: Sec. 3.5. "Consumer" means an individual
684+14 whose principal residence is in Indiana. The term includes the
685+15 following:
686+16 (1) A protected consumer (as defined in IC 24-5-24.5-4).
687+17 (2) A representative acting on behalf of a protected consumer
688+18 (as defined in IC 24-5-24.5-4).
689+19 SECTION 7. IC 28-9-2-6.5 IS ADDED TO THE INDIANA CODE
690+20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
691+21 UPON PASSAGE]: Sec. 6.5. (a) "Health care debt" means an
692+22 obligation or an alleged obligation of a consumer to pay an amount
693+23 related to the receipt of health care services, products, or devices
694+24 provided to a person by a health care provider.
695+25 (b) The term does not include debt charged to a credit card
696+26 unless the credit card is issued under:
697+27 (1) an open-end plan; or
698+28 (2) a closed-end plan;
699+29 offered specifically for the payment of health care services,
700+30 products, or devices provided to a person.
701+31 SECTION 8. IC 28-9-2-6.6 IS ADDED TO THE INDIANA CODE
702+32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
703+33 UPON PASSAGE]: Sec. 6.6. "Health care provider" means:
704+34 (1) a hospital or facility listed in IC 16-39-7-1(a)(13); or
705+35 (2) a provider of ambulance services (as defined in
706+36 IC 16-18-2-13.4).
707+37 The term includes an affiliate, officer, agent, or employee of a
708+38 person described in subdivision (1) or (2).
709+39 SECTION 9. IC 28-9-3-1 IS AMENDED TO READ AS FOLLOWS
710+40 [EFFECTIVE UPON PASSAGE]: Sec. 1. Except upon the conditions
711+41 specified in sections 3 and 4 of this chapter, and subject to the
712+42 prohibition set forth in section 1.5 of this chapter with respect to an
713+2025 IN 317—LS 7017/DI 101 16
714+1 adverse claim based on health care debt owed or alleged to be owed
715+2 by a consumer, notice to a depository financial institution of an
716+3 adverse claim does not require the depository financial institution to:
717+4 (1) recognize the adverse claim in any manner; or
718+5 (2) place a hold on, or otherwise restrict withdrawal of funds
719+6 from, a deposit account.
720+7 SECTION 10. IC 28-9-3-1.5 IS ADDED TO THE INDIANA CODE
721+8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
722+9 UPON PASSAGE]: Sec. 1.5. (a) This section applies to an adverse
723+10 claim that is based upon:
724+11 (1) any amount of health care debt owed or alleged to be owed
725+12 by a consumer who has an interest in a deposit account, either
726+13 individually or jointly or with another person; or
727+14 (2) in an action:
728+15 (A) against a consumer who has an interest in a deposit
729+16 account, either individually or jointly or with another
730+17 person; and
731+18 (B) in which a judgment has been entered;
732+19 any amount of the judgment that represents health care debt
733+20 determined to be owed by the consumer.
734+21 (b) If a depository financial institution receives notice of an
735+22 adverse claim described in subsection (a), the depository financial
736+23 institution may not:
737+24 (1) recognize the adverse claim in any manner; or
738+25 (2) place a hold on, or otherwise restrict withdrawal of funds
739+26 from, a deposit account in which the consumer who is the
740+27 subject of the adverse claim has an interest, either
741+28 individually or jointly or with another person.
742+29 SECTION 11. IC 32-28-16 IS ADDED TO THE INDIANA CODE
743+30 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
744+31 UPON PASSAGE]:
745+32 Chapter 16. Prohibition Against Lien on Principal Residence of
746+33 a Consumer for Health Care Debt
747+34 Sec. 1. (a) As used in this chapter, "consumer" means an
748+35 individual whose principal residence is in Indiana.
749+36 (b) The term includes the following:
750+37 (1) A protected consumer (as defined in IC 24-5-24.5-4).
751+38 (2) A representative acting on behalf of a protected consumer
752+39 (as defined in IC 24-5-24.5-4).
753+40 Sec. 2. (a) As used in this chapter, "health care debt" means an
754+41 obligation or an alleged obligation of a consumer to pay an amount
755+42 related to the receipt of health care services, products, or devices
756+2025 IN 317—LS 7017/DI 101 17
757+1 provided to a person by a health care provider.
758+2 (b) The term does not include debt charged to a credit card
759+3 unless the credit card is issued under:
760+4 (1) an open-end plan; or
761+5 (2) a closed-end plan;
762+6 offered specifically for the payment of health care services,
763+7 products, or devices provided to a person.
764+8 Sec. 3. As used in this chapter, "health care provider" means:
765+9 (1) a hospital or facility listed in IC 16-39-7-1(a)(13); or
766+10 (2) a provider of ambulance services (as defined in
767+11 IC 16-18-2-13.4).
768+12 The term includes an affiliate, officer, agent, or employee of a
769+13 person described in subdivision (1) or (2).
770+14 Sec. 4. As used in this chapter, "principal residence", with
771+15 respect to a consumer, means real or personal property that:
772+16 (1) is located in Indiana;
773+17 (2) the consumer:
774+18 (A) owns; or
775+19 (B) is buying under contract;
776+20 whether solely or jointly with another person; and
777+21 (3) constitutes the principal place of residence of:
778+22 (A) the consumer; or
779+23 (B) a dependent of the consumer.
780+24 Sec. 5. (a) Notwithstanding any other law:
781+25 (1) any amount of health care debt owed or alleged to be owed
782+26 by a consumer; or
783+27 (2) in an action against a consumer in which a judgment has
784+28 been entered, any amount of the judgment that represents
785+29 health care debt determined to be owed by the consumer;
786+30 does not constitute a lien against the consumer's principal
787+31 residence.
788+32 (b) A person having any ownership or other interest in an
789+33 amount described in subsection (a)(1) or (a)(2) may not assert,
790+34 claim, enter, or enforce a lien against the consumer's principal
791+35 residence.
792+36 SECTION 12. IC 32-33-22 IS ADDED TO THE INDIANA CODE
793+37 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
794+38 UPON PASSAGE]:
795+39 Chapter 22. Prohibition Against Lien on Certain Personal
796+40 Property of a Consumer for Health Care Debt
797+41 Sec. 1. (a) As used in this chapter, "consumer" means an
798+42 individual whose principal residence is in Indiana.
799+2025 IN 317—LS 7017/DI 101 18
800+1 (b) The term includes the following:
801+2 (1) A protected consumer (as defined in IC 24-5-24.5-4).
802+3 (2) A representative acting on behalf of a protected consumer
803+4 (as defined in IC 24-5-24.5-4).
804+5 Sec. 2. (a) As used in this chapter, "health care debt" means an
805+6 obligation or an alleged obligation of a consumer to pay an amount
806+7 related to the receipt of health care services, products, or devices
807+8 provided to a person by a health care provider.
808+9 (b) The term does not include debt charged to a credit card
809+10 unless the credit card is issued under:
810+11 (1) an open-end plan; or
811+12 (2) a closed-end plan;
812+13 offered specifically for the payment of health care services,
813+14 products, or devices provided to a person.
814+15 Sec. 3. As used in this chapter, "health care provider" means:
815+16 (1) a hospital or facility listed in IC 16-39-7-1(a)(13); or
816+17 (2) a provider of ambulance services (as defined in
817+18 IC 16-18-2-13.4).
818+19 The term includes an affiliate, officer, agent, or employee of a
819+20 person described in subdivision (1) or (2).
820+21 Sec. 4. As used in this chapter, "personal property", with
821+22 respect to a consumer, means any of the following that the
822+23 consumer owns, or has an ownership interest in, whether solely or
823+24 jointly with another person:
824+25 (1) A motor vehicle (as defined in IC 9-13-2-105(a)) that is
825+26 used as the consumer's primary vehicle for transporting the
826+27 consumer to and from work, school, or other daily activities.
827+28 (2) A deposit account (as defined in IC 28-9-2-5).
828+29 (3) Any other:
829+30 (A) tangible personal property, to the extent of the amount
830+31 of the exemption allowed debtors under
831+32 IC 34-55-10-2(c)(2) for tangible personal property, as
832+33 amended by rules adopted by the department of financial
833+34 institutions under IC 34-55-10-2.5; or
834+35 (B) intangible personal property (including choses in
835+36 action and cash, but excluding debts owing and income
836+37 owing), to the extent of the amount of the exemption
837+38 allowed debtors under IC 34-55-10-2(c)(3) for intangible
838+39 personal property, as amended by rules adopted by the
839+40 department of financial institutions under IC 34-55-10-2.5.
840+41 Sec. 5. (a) Notwithstanding any other law:
841+42 (1) any amount of health care debt owed or alleged to be owed
842+2025 IN 317—LS 7017/DI 101 19
843+1 by a consumer; or
844+2 (2) in an action against a consumer in which a judgment has
845+3 been entered, any amount of the judgment that represents
846+4 health care debt determined to be owed by the consumer;
847+5 does not constitute a lien against the personal property of the
848+6 consumer.
849+7 (b) A person having any ownership or other interest in an
850+8 amount described in subsection (a)(1) or (a)(2) may not assert,
851+9 claim, enter, or enforce a lien against the consumer's personal
852+10 property.
853+11 SECTION 13. IC 34-25-1-1.5 IS ADDED TO THE INDIANA
854+12 CODE AS A NEW SECTION TO READ AS FOLLOWS
855+13 [EFFECTIVE UPON PASSAGE]: Sec. 1.5. (a) As used in this section,
856+14 "consumer" means an individual whose principal residence is in
857+15 Indiana. The term includes the following:
858+16 (1) A protected consumer (as defined in IC 24-5-24.5-4).
859+17 (2) A representative acting on behalf of a protected consumer
860+18 (as defined in IC 24-5-24.5-4).
861+19 (b) As used in this section, "health care debt" means an
862+20 obligation or an alleged obligation of a consumer to pay an amount
863+21 related to the receipt of health care services, products, or devices
864+22 provided to a person by a health care provider. The term does not
865+23 include debt charged to a credit card unless the credit card is
866+24 issued under:
867+25 (1) an open-end plan; or
868+26 (2) a closed-end plan;
869+27 offered specifically for the payment of health care services,
870+28 products, or devices provided to a person.
871+29 (c) As used in this section, "health care provider" means:
872+30 (1) a hospital or facility listed in IC 16-39-7-1(a)(13); or
873+31 (2) a provider of ambulance services (as defined in
874+32 IC 16-18-2-13.4).
875+33 The term includes an affiliate, officer, agent, or employee of a
876+34 person described in subdivision (1) or (2).
877+35 (d) In any action filed, in a court of competent jurisdiction in
878+36 Indiana, for the recovery of health care debt owed or alleged to be
879+37 owed by a consumer, the court does not have and shall not
880+38 entertain jurisdiction in any:
881+39 (1) action of attachment under IC 34-25-2 against the real or
882+40 personal property of the consumer; or
883+41 (2) action of garnishment under IC 34-25-3;
884+42 upon, or any time after, the filing of the complaint in the action for
885+2025 IN 317—LS 7017/DI 101 20
886+1 the recovery of health care debt owed or alleged to be owed by the
887+2 consumer.
888+3 SECTION 14. IC 34-55-9-0.5 IS ADDED TO THE INDIANA
889+4 CODE AS A NEW SECTION TO READ AS FOLLOWS
890+5 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. As used in this chapter,
891+6 the following terms have the following meanings:
892+7 (1) "Consumer" means an individual whose principal
893+8 residence is in Indiana. The term includes the following:
894+9 (A) A protected consumer (as defined in IC 24-5-24.5-4).
895+10 (B) A representative acting on behalf of a protected
896+11 consumer (as defined in IC 24-5-24.5-4).
897+12 (2) "Health care debt" means an obligation or an alleged
898+13 obligation of a consumer to pay an amount related to the
899+14 receipt of health care services, products, or devices provided
900+15 to a person by a health care provider. The term does not
901+16 include debt charged to a credit card unless the credit card is
902+17 issued under:
903+18 (A) an open-end plan; or
904+19 (B) a closed-end plan;
905+20 offered specifically for the payment of health care services,
906+21 products, or devices provided to a person.
907+22 (3) "Health care provider" means:
908+23 (A) a hospital or facility listed in IC 16-39-7-1(a)(13); or
909+24 (B) a provider of ambulance services (as defined in
910+25 IC 16-18-2-13.4).
911+26 The term includes an affiliate, officer, agent, or employee of
912+27 a person described in clause (A) or (B).
913+28 (4) "Principal residence", with respect to a consumer, means
914+29 real or personal property that:
915+30 (A) is located in Indiana;
916+31 (B) the consumer:
917+32 (i) owns; or
918+33 (ii) is buying under contract;
919+34 whether solely or jointly with another person; and
920+35 (C) constitutes the principal place of residence of:
921+36 (i) the consumer; or
922+37 (ii) a dependent of the consumer.
923+38 SECTION 15. IC 34-55-9-1 IS AMENDED TO READ AS
924+39 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) Except as
925+40 provided in subsection (b), the following real estate is liable to all
926+41 judgments and attachments and to be sold on execution against the
927+42 debtor owing owning the real estate or for whose use the real estate is
928+2025 IN 317—LS 7017/DI 101 21
929+1 held:
930+2 (1) All lands of the judgment debtor, whether in possession,
931+3 remainder, or reversion.
932+4 (2) All rights of redeeming mortgaged lands and all lands held by
933+5 virtue of any land office certificate.
934+6 (3) Lands or any estate or interest in land held by anyone in trust
935+7 for or to the use of another.
936+8 (4) All chattels real of the judgment debtor.
937+9 (b) In any action filed, in a court of competent jurisdiction in
938+10 Indiana, for the recovery of health care debt owed or alleged to be
939+11 owed by a consumer, the principal residence of the consumer is not
940+12 liable to judgment or attachment or to be sold on execution against
941+13 the consumer.
942+14 SECTION 16. IC 34-55-9-2 IS AMENDED TO READ AS
943+15 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) Except as
944+16 provided in subsection (b), all final judgments for the recovery of
945+17 money or costs in the circuit court and other courts of record of general
946+18 original jurisdiction in Indiana, whether state or federal, constitute a
947+19 lien upon real estate and chattels real liable to execution in the county
948+20 where the judgment has been duly entered and indexed in the judgment
949+21 docket as provided by law:
950+22 (1) after the time the judgment was entered and indexed; and
951+23 (2) until the expiration of ten (10) years after the rendition of the
952+24 judgment;
953+25 exclusive of any time during which the party was restrained from
954+26 proceeding on the lien by an appeal, an injunction, the death of the
955+27 defendant, or the agreement of the parties entered of record.
956+28 (b) A final judgment for the recovery of money or costs in any
957+29 action filed, in a court of competent jurisdiction in Indiana, for the
958+30 recovery of health care debt owed or alleged to be owed by a
959+31 consumer does not constitute a lien upon the principal residence of
960+32 the consumer.
961+33 SECTION 17. An emergency is declared for this act.
962+2025 IN 317—LS 7017/DI 101