By Luke McNamee, JD
ISMA Director of Policy and Government Affairs

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

Notice of Health Care Entity Mergers (SEA 9)
Part of a series of bills from the last several years intended to address health care costs, Senate Enrolled Act (SEA) 9 requires health care entities with total assets of at least $10 million to provide 90 days’ notice of mergers or acquisitions to the Indiana attorney general’s (AG) office. The law allows the AG’s office to: (1) analyze in writing any antitrust concerns with the merger or acquisition; and (2) issue a civil investigative demand for additional information. However, SEA 9 also specifies that the information submitted to the AG is confidential.

Professions and Professional Services (SEA 132)
Among other provisions, SEA 132 streamlines telehealth regulations for physicians licensed in Indiana who are located outside of Indiana, but provide telehealth services to patients who are in the state. Previous law required a physician to file a certification constituting a waiver of jurisdiction. Beginning July 1, 2024, the law instead specifies that by providing telehealth services to a patient located in Indiana, a provider agrees to be subject to the jurisdiction of the state of Indiana. 

Long Acting Reversible Contraceptives (HEA 1426)
House Enrolled Act (HEA) 1426 requires a hospital that operates a maternity unit to ensure that a Medicaid-enrolled/-eligible patient who is giving birth in the hospital is provided the option—if not medically contraindicated—to have a long-acting reversible subdermal contraceptive implanted after delivery and before discharge. It also requires the Family and Social Services Administration (FSSA) to reimburse the hospital for the cost of stocking and placing the long-acting reversible subdermal contraceptive separately from reimbursement for delivery services. The law does not change longstanding Medicaid policy on paying for long-acting reversible contraceptives, nor does it prohibit or otherwise limit the ability of physicians to discuss or provide contraception options with their patients. The law allows a hospital to be exempt from the requirement if the hospital has a faith-based objection. Notably, the provisions of the new law sunset on June 30, 2025.

Insurance Matters (HEA 1332)
For purposes of contracts with payors, HEA 1332 requires any party to a health provider contract entered or renewed after June 30, 2024, who intends to terminate the contractual relationship with another party to the health provider contract, to provide written notice to the other party of the decision to terminate the contractual relationship not less than 90 days before the health provider contract terminates.