ISMA staff and members recently attended a ceremonial signing of Senate Enrolled Act 252 with Gov. Eric Holcomb. The new law, supported by ISMA, allows a long-acting reversible contraceptive prescribed to a Medicaid recipient to be transferred to another Medicaid recipient if certain requirements are met. The bill was authored by Sens. Shelli Yoder (seated left), Susan Glick and Ed Charbonneau and sponsored in the House by Rep. Sharon Negele (seated right).

The 2023 session of the Indiana General Assembly was a busy one for health care legislation. Several new laws will take effect on July 1, including the following that will impact members:

Physician Noncompete Agreements (SEA 7)
This law provides that a primary care physician (family medicine, general pediatric medicine, or internal medicine) may not enter a noncompete agreement after July 1. The law does not apply to agreements originally entered before July 1. Also, beginning July 1, any noncompete clause in an employment agreement with a physician is not enforceable if the physician terminates the agreement for cause, the employer terminates the agreement without cause, or the agreement has expired. 

Long Acting Reversible Contraceptives (SEA 252)
Allows a long-acting reversible contraceptive (LARC) that is prescribed to and obtained for a Medicaid recipient to be transferred to another Medicaid recipient if the LARC was not delivered to, implanted in, or used on the original Medicaid recipient to whom it was prescribed if certain conditions are met. 

Administration of Anesthesia in Dental Offices (SEA 273)
Permits an anesthesiologist, a certified registered nurse anesthetist under the direction and in the immediate presence of a physician, or an anesthesiologist assistant, to administer moderate sedation, deep sedation, or general anesthesia in a dental office, without accreditation for the dental office, so long as the standards required by rules adopted by the Medical Licensing Board are met. 

Health Care Matters (SEA 400)
Creates several new laws effective July 1. SEA 400 requires the state employee health plan to provide coverage for wearable cardioverter defibrillators that align with Medicare coverage criteria. It establishes a 60-day timeline for approval of credentialing applications by health insurance plans and creates a provisional credential allowing retroactive payment for services rendered while a credentialing application is being considered. SEA 400 requires a hospital with an emergency department (ED) to have at least one physician on-site and on duty who is responsible for the ED at all times the ED is open. It also requires a state-regulated health plan to respond to a prior authorization request within 48 hours for urgent situations and within five business days for non-urgent care. Finally, the bill prohibits the state employee health plan from requiring prior authorization for a list of 50 CPTs and requires the General Assembly to study whether the prohibition impacts administrative burdens and utilization. 

Gender Transition Procedures for Minors (SEA 480)
Prohibits a physician or practitioner from providing, aiding, or abetting another physician or practitioner in the provision of medical or surgical “gender transition procedures” to an individual younger than 18 years old. The legislation specifically exempts medical or surgical services in certain situations. 

Public Health Commission (SEA 4)
Establishes a grant program and framework to support local health departments who opt-in to receive additional state dollars to support the delivery of local public health services. HEA 1001 (State Budget) appropriates $225 million to support the program. 

Prescription for hormonal contraceptives (HEA 1568)
Allows pharmacists who meet specific requirements to prescribe and dispense hormonal contraceptive patches and self-administered hormonal contraceptives to individuals 18 or older. Notably, the bill requires a pharmacist to undergo a training program and administer a self-screening risk assessment to a patient approved by the Medical Licensing Board before prescribing contraceptives. A pharmacist must also refer the patient to a primary care physician or provider. Prescriptions are limited to no more than two six-month periods unless the patient sees a primary care physician or provider before seeking additional prescriptions.

A complete list of legislative accomplishments from the 2023 session can be viewed at www.ismanet.org/legislativeaccomplishments.
 
This article is for general informational purposes only and does not constitute legal advice. Members should consult their attorneys regarding specific legal questions to ensure their practices comply with applicable law.