Sec. 7. (a) This section applies to health provider contracts entered into or renewed after June 30, 2020.

     (b) A health provider contract, including a contract with a pharmacy benefit manager or a health facility, may not contain a provision that prohibits the disclosure of health care service claims data to:

Terms Used In Indiana Code 27-1-37-7

  • Contract: A legal written agreement that becomes binding when signed.
  • Insurance: means a contract of insurance or an agreement by which one (1) party, for a consideration, promises to pay money or its equivalent or to do an act valuable to the insured upon the destruction, loss or injury of something in which the other party has a pecuniary interest, or in consideration of a price paid, adequate to the risk, becomes security to the other against loss by certain specified risks; to grant indemnity or security against loss for a consideration. See Indiana Code 27-1-2-3
  • person: means an individual, an agency, a political subdivision, a partnership, a corporation, an association, or any other entity. See Indiana Code 27-1-37-4
  • provider: means an individual or entity licensed or legally authorized to provide health care services. See Indiana Code 27-1-37-5
(1) employers providing the coverage; or

(2) beginning July 1, 2021, another person for use in the all payer claims data base established by IC 27-1-44.5.

However, any disclosure of claims data must comply with health privacy laws, including the federal Health Insurance Portability and Accountability Act (HIPAA) (P.L. 104-191).

     (c) A violation of this section constitutes an unfair or deceptive act or practice in the business of insurance under IC 27-4-1-4.

As added by P.L.50-2020, SEC.5. Amended by P.L.93-2020, SEC.10; P.L.198-2021, SEC.21.