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: |
---|
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 |
---|