Sec. 11. (a) Except as provided in subsection (c), the department shall adopt rules under IC 4-22-2 to implement this chapter. The rules must include a requirement that health payer data sources submit necessary information to the administrator. Rules enacted under this subsection must cover all health payer data sources as follows:

(1) The department shall adopt rules that apply to health payers regulated under IC 27.

Terms Used In Indiana Code 27-1-44.5-11

  • administrator: means the entity that contracts with the department to create, operate, and maintain the data base. See Indiana Code 27-1-44.5-0.2
  • Department: means "the department of insurance" of this state. See Indiana Code 27-1-2-3
  • health payer: includes the following:

    Indiana Code 27-1-44.5-2

  • 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
(2) The office of the secretary of family and social services shall adopt rules that apply to health payers regulated under IC 12.

     (b) The department shall adopt provisional rules under IC 4-22-2-37.1 establishing a fee formula for data licensing and the collection and release of claims data.

     (c) The department may adopt rules under IC 4-22-2 concerning the:

(1) requirement that health payers submit required data under section 5 of this chapter; and

(2) establishment of a fee formula for data licensing, collection, and release of claims described in section 9 of this chapter.

     (d) The department may impose a civil penalty on a health payer that is required to submit information under this chapter and fails to comply. A civil penalty collected under this section must be deposited in the department of insurance fund created by IC 27-1-3-28.

As added by P.L.195-2021, SEC.11. Amended by P.L.190-2023, SEC.21; P.L.225-2023, SEC.2; P.L.249-2023, SEC.81.