Sec. 7. A contractor may not lease, rent, or otherwise grant access to a provider’s health care services under a health care contract unless the contractor complies with one (1) of the following:

(1) The third party to which the access is granted is:

Terms Used In Indiana Code 27-1-37.3-7

  • affiliate: has the meaning set forth in IC 27-1-25-1. See Indiana Code 27-1-37.3-2
  • Contract: A legal written agreement that becomes binding when signed.
  • contractor: refers to a person with a primary business purpose of entering into health care contracts with providers. See Indiana Code 27-1-37.3-3
  • health care contract: means a contract between a person and a provider specifying the rights and responsibilities of the:

    Indiana Code 27-1-37.3-6

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(A) an employer or another entity providing coverage for health care services to the employer’s or entity’s employees or members and the entity has a contract with the contractor or the contractor’s affiliate for the administration or processing of claims for payment or service provided under the health care contract; or

(B) an affiliate or a subsidiary of the contractor or providing administrative services to or receiving administrative services from the contractor or the contractor’s affiliate or subsidiary.

(2) The:

(A) health care contract specifically states that the contractor may lease, rent, or otherwise grant access to the provider’s health care services under the health care contract;

(B) third party accessing the health care contract is:

(i) a payer or third party administrator or another entity that administers claims on behalf of the payer;

(ii) a preferred provider organization or preferred provider network, including a physician-hospital organization; or

(iii) an entity engaged in the electronic claims transport between the contractor and the payer; and

(C) third party that is granted access to the provider’s health care services under the health care contract is obligated to comply with all the applicable terms of the health care contract.

As added by P.L.55-2008, SEC.1.