Sen. Ed Charbonneau

A CONCURRENT RESOLUTION urging all relevant agencies and stakeholders to work collaboratively to explore extending the Great Lakes–St. Lawrence Seaway navigation season to advance Indiana’s economic prosperity, grow exports, and support Hoosier jobs.

Provides that if the implementation and compliance costs of a proposed rule, provisional rule, or interim rule exceed $100,000 (instead of $1,000,000) over a two year period: (1) the rule cannot be published in the Indiana Register until the budget committee has reviewed the rule; (2) the budget agency and the office of management and budget may not approve any part of the proposed rule prior to review by the budget committee; and (3) in the case of a provisional rule or an interim rule, the governor may not approve a rule prior to the budget committee's review of the rule. Provides that an agency may adopt a rule only if the agency has demonstrated to the satisfaction of the governor that certain circumstances exist. Specifies that provisional and interim rulemaking may be used only under specified circumstances if the combined implementation and compliance costs would not exceed $500,000 for businesses, units, and individuals if effective over a two year period.

Authorizes the attorney general to enforce provisions concerning health care debt wage garnishment and principal residence lien restrictions and establish a complaint process. Requires hospitals to do the following: (1) Offer a person who meets certain income guidelines and has received health services the opportunity to pay the charges through a payment plan that satisfies certain requirements. (2) Develop a written notice about a charity care program operated by the hospital, provide the notice to patients, and post the notice. (3) Include certain information concerning financial assistance on a billing statement. (4) Requires a hospital that reports an annual gross patient revenue of at least $20,000,000 to provide written notice and information to a person who has requested an eligibility determination concerning a payment plan or charity care. Provides that the unpaid earnings of a consumer who meets specified income eligibility requirements may not be attached by garnishment if an individual makes 200% of the federal income poverty level or less, and limits the amount to be garnished over a certain amount of the individual's disposable earnings in satisfaction of: (1) health care debt owed or alleged to be owed by the consumer; or (2) any amount of the judgment that represents health care debt determined to be owed by the consumer. Provides that: (1) health care debt owed or alleged to be owed by a consumer; or (2) in an action against a consumer in which a judgment has been entered, the amount of the judgment that represents health care debt determined to be owed by the consumer; does not constitute a lien against the consumer's principal residence for a consumer. Requires the disclosure of whether a debt is a health care debt in the execution of a judgment. Provides that in any action filed in Indiana for the recovery of health care debt owed or alleged to be owed by a consumer, the principal residence of the consumer is not liable to judgment or attachment or to be sold on execution against the consumer.

Incorporates into Indiana's law governing businesses and other associations the Uniform Antitrust Pre-Merger Notification Act (Act), as approved and recommended for enactment in all states by the Uniform Law Commission. Specifies that the Act does not limit or replace certain reporting requirements of a health care entity. Provides that not later than one day after filing a pre-merger notification under the federal Hart-Scott-Rodino Act, a person shall file a complete electronic copy of the form required under that act with the attorney general if: (1) the person's principal place of business is in Indiana; or (2) the person conducts a specified level of sales in Indiana with respect to the goods or services involved in the proposed merger transaction. Requires the attorney general to provide a secure means to receive and store materials submitted. Provides that: (1) a form or additional documentary material under the federal act; and (2) other specified information related to the proposed merger transaction; are confidential for purposes of Indiana's public records act and may not be disclosed or made public by the attorney general. Provides an exception to this confidentiality requirement if: (1) the attorney general's disclosure is made pursuant to a protective order issued by an agency, court, or judicial officer in an administrative proceeding or judicial action; and (2) the proposed merger transaction is relevant to the proceeding or action. Authorizes the attorney general to: (1) share information with; and (2) disclose a form or additional documentary material under the federal act to; the attorney general of another state that has enacted the Uniform Antitrust Pre-Merger Notification Act or a substantively equivalent act. Requires the attorney general to receive assurance from the attorney general of another state that information shared with the other state will remain confidential. Requires the attorney general to destroy or return all documents submitted with a specified period of time. Requires the attorney general to send a written notice to a person that violates the bill's filing requirement. Allows the attorney general to impose a civil penalty if the violation is not remedied within three days of the notice.

Requires, beginning January 1, 2028, a health carrier to: (1) implement a shopping and decision support program; and (2) provide incentives for covered individuals in a health plan who elect to receive a comparable health care service from a network provider that is paid less than the average allowed amount paid by the health carrier to network providers for the comparable health care service. Requires, beginning December 1, 2027, a health carrier to make available an interactive member portal that enables a covered individual to request and obtain certain information. Allows a health carrier to make the information available through a toll free telephone number. Sets forth reporting requirements for health carriers and the department of insurance concerning incentive payments made to covered individuals.

Requires that: (1) certain health care providers; (2) hospitals; and (3) the office of the secretary of family and social services or a managed care organization that has contracted with the office under the Medicaid program; ensure that a Medicaid recipient or an individual eligible for Medicaid who gives birth schedules a follow-up appointment for postpartum care that is not later than 60 days from the date the woman gives birth. (The introduced version of this bill was prepared by the interim study committee on public health, behavioral health, and human services.)

Provides that a taxpayer who is covered by a health insurance plan may deduct from the taxpayer's adjusted gross income an amount equal to the total amount of premiums on the health insurance plan the taxpayer paid for coverage during the taxable year.

Requires public schools, including charter schools, to present an informational video on water safety to students enrolled in kindergarten through grade 12. Requires the department of education to approve an informational video on water safety for various grade levels.

Prohibits: (1) the state employee health plan; (2) the Medicaid program; (3) an accident and sickness insurance policy; and (4) a health maintenance organization individual or group contract; from imposing a time limit on the amount of anesthesia time for a medical procedure or otherwise restricting or excluding coverage or payment of anesthesia time. Modifies the definitions of "charity care" and "community benefits" for purposes of certain hospital reporting requirements. Requires additional reporting of information by nonprofit hospitals to the Indiana department of health (state department). Requires the report to be posted on the nonprofit hospital's website and the state department's website. Increases the penalty for failure to file the report and changes the time frame in which the penalty may be assessed. Specifies that any penalty be deposited in the local public health fund. Allows for certain practitioners to provide neuroplastogen treatment concerning qualified patients with life threatening conditions if certain requirements are met. Allows for research to be conducted on neuroplastogen access. Requires reporting of adverse events and annual reporting of patient statistical information concerning the neuroplastogen treatment. Provides for immunity when treating using neuroplastogens. Requires a clinical peer to disclose certain information for a peer to peer review of an adverse determination. Prohibits a utilization review entity from using artificial intelligence as the primary means for making adverse determinations. Prohibits a health insurer from engaging in certain downcoding practices and sets forth conditions for downcoding a claim. Authorizes the department of insurance to enforce the downcoding requirements and impose certain penalties for a violation. Prohibits an insurer, pharmacy benefit manager, or other administrator of pharmacy benefits from designating a prescription drug as a specialty drug unless certain conditions are met.

Provides that after June 30, 2026, the responsible party or fund manager for a private credit fund (fund) shall deliver to: (1) an Indiana investor that has invested capital in the fund; and (2) the securities commissioner (commissioner); an investor report on at least a quarterly basis. Sets forth certain disclosures that an investor report must include. Provides that any investment information that is delivered or communicated to an Indiana investor after June 30, 2026, may not include language that positively describes the fund's risk profile unless a disclaimer is provided or the fund's assets are rated by an outside credit rating agency. Provides that the responsible party or fund manager for a fund shall, upon the written request of an Indiana investor or the commissioner, make available in writing the fund manager's policies with respect to specified investment and management practices. Requires the commissioner to adopt rules to implement and administer these provisions. Authorizes the commissioner to use any lawful means within the commissioner's authority to enforce these provisions.