Ind. Code § 27-1-45-0.5 Not applicable to emergency services
Sec. 0.5. This chapter does not apply to emergency services.
As added by P.L.93-2020, SEC.11.
Ind. Code ch. 27-1-45
Ind. Code ch. 27-1-45
in effectInd. Code § 27-1-45-1 "Covered individual"
Sec. 1. As used in this chapter, "covered individual" means an individual who is entitled to be provided health care services at a cost established according to a network plan.
As added by P.L.93-2020, SEC.11.
Ind. Code § 27-1-45-1.5 "Emergency services"
Sec. 1.5. As used in this chapter, "emergency services" means services that are:
(1) furnished by a provider qualified to furnish emergency services; and
(2) needed to evaluate or stabilize an emergency medical condition.
As added by P.L.93-2020, SEC.11.
Ind. Code § 27-1-45-2 "Facility"
Sec. 2. (a) As used in this chapter, "facility" means an institution in which health care services are provided to individuals. The term includes:
(1) hospitals and other licensed ambulatory surgical centers; and
(2) ambulatory outpatient surgical centers.
(b) The term does not include the following:
(1) A private mental health institution licensed under IC 12-25.
(2) A Medicare certified, freestanding rehabilitation hospital.
As added by P.L.93-2020, SEC.11.
Ind. Code § 27-1-45-3 "In network provider"
Sec. 3. As used in this chapter, "in network provider" means a provider that is required under a network plan to provide health care services to covered individuals at not more than a preestablished rate or amount of compensation.
As added by P.L.93-2020, SEC.11.
Ind. Code § 27-1-45-4 "Network plan"
Sec. 4. As used in this chapter, "network plan" means a plan under which providers are required by contract to provide health care services to covered individuals at not more than a preestablished rate or amount of compensation.
As added by P.L.93-2020, SEC.11.
Ind. Code § 27-1-45-5 "Practitioner"
Sec. 5. (a) As used in this chapter, "practitioner" means the following:
(1) An individual:
(A) who holds:
(i) an unlimited license, certificate, or registration;
(ii) a limited or probationary license, certificate, or registration;
(iii) a temporary license, certificate, registration, or permit;
(iv) an intern permit; or
(v) a provisional license;
issued by the board (as defined in IC 25-0.5-11-1) regulating the profession in question; and
(B) who provides professional health care services to individuals in a facility.
(2) An entity that:
(A) is owned by, or employs; or
(B) performs billing for professional health care services rendered by;
an individual described in subdivision (1).
(b) The term does not include the following:
(1) A dentist licensed under IC 25-14.
(2) An optometrist licensed under IC 25-24.
(3) A provider facility.
As added by P.L.93-2020, SEC.11. Amended by P.L.202-2021, SEC.8.
Ind. Code § 27-1-45-6 "Provider"
Sec. 6. As used in this chapter, "provider" means:
(1) a facility; or
(2) a practitioner.
As added by P.L.93-2020, SEC.11.
Ind. Code § 27-1-45-7 Exception to good faith estimate requirement
Sec. 7. A facility or a practitioner is not required to provide the good faith estimate if the health care service to be provided to the covered individual is scheduled to be performed within two (2) business days after the health care service is ordered.
As added by P.L.93-2020, SEC.11. Amended by P.L.202-2021, SEC.9; P.L.165-2022, SEC.7; P.L.215-2025, SEC.55.
Ind. Code § 27-1-45-8 Out of network practitioner providing services at in network facility; conditions for reimbursement of out of network practitioner at higher rate; explanation of charge exceeding estimate; rules
Sec. 8. (a) An out of network practitioner who provides health care services at an in network facility to a covered individual may not be reimbursed more for the health care services than allowed according to the rate or amount of compensation established by the covered individual's network plan as described in subsection (b) unless all of the following conditions are met:
(1) At least five (5) business days before the health care service is scheduled to be provided to the covered individual, the facility or practitioner provides to the covered individual, on a form separate from any other form provided to the covered individual by the facility or practitioner, a statement in conspicuous type that meets the following requirements:
(A) Includes a notice reading substantially as follows: "[Name of facility or practitioner] is an out of network practitioner providing [type of care], with [name of in network facility], which is an in network provider facility within your health carrier's plan. [Name of facility or practitioner] will not be allowed to bill you the difference between the price charged for the services and the rate your health carrier will reimburse for the services during your care at [name of in network facility] unless you give your written consent to the charge.".
(B) Sets forth the facility's or practitioner's good faith estimate of the established fee for the health care services provided to the covered individual.
(C) Includes a notice reading substantially as follows concerning the good faith estimate set forth under clause (B): "The estimate of our intended charge for [name or description of health care services] set forth in this statement is provided in good faith and is our best estimate of the amount we will charge. If the actual charge for [name or description of health care services] exceeds our estimate by the greater of:
(i) one hundred dollars ($100); or
(ii) five percent (5%);
we will explain to you why the charge exceeds the estimate.".
(2) The covered individual signs the statement provided under subdivision (1), signifying the covered individual's consent to the charge for the health care services being greater than allowed according to the rate or amount of compensation established by the network plan.
(b) If an out of network practitioner does not meet the requirements of subsection (a), the out of network practitioner shall include on any bill remitted to a covered individual a written statement in conspicuous type stating that the covered individual is not responsible for more than the rate or amount of compensation established by the covered individual's network plan plus any required copayment, deductible, or coinsurance.
(c) If a covered individual's network plan remits reimbursement to the covered individual for health care services that did not meet the requirements of subsection (a), the network plan shall provide with the reimbursement a written statement in conspicuous type that states that the covered individual is not responsible for more than the rate or amount of compensation established by the covered individual's network plan and that is included in the reimbursement plus any required copayment, deductible, or coinsurance.
(d) If the charge of a facility or practitioner for health care services provided to a covered individual exceeds the estimate provided to the covered individual under subsection (a)(1)(B) by an amount greater than:
(1) one hundred dollars ($100); or
(2) five percent (5%);
the facility or practitioner shall explain in a writing provided to the covered individual why the charge exceeds the estimate.
(e) The department shall adopt rules under IC 4-22-2 to specify the requirements of the notifications set forth in:
(1) subsections (b) and (c); and
(2) IC 25-1-9-23(j) and IC 25-1-9-23(k).
As added by P.L.93-2020, SEC.11. Amended by P.L.202-2021, SEC.10; P.L.165-2022, SEC.8; P.L.93-2024, SEC.196.
Ind. Code § 27-1-45-9 Civil penalty; fund
Sec. 9. (a) The insurance commissioner may, after notice and hearing under IC 4-21.5, impose on the provider facility a civil penalty of not more than one thousand dollars ($1,000) for each violation of this chapter.
(b) A civil penalty collected under this section shall be deposited in the department of insurance fund established by IC 27-1-3-28.
As added by P.L.93-2020, SEC.11.
Ind. Code § 27-1-45-10 Compliance with federal requirements
Sec. 10. The requirements of this chapter do not apply to a facility or practitioner that:
(1) is required to comply with; and
(2) is in compliance with;
45 CFR Part 149, Subparts E and G, as may be enforced and amended by the federal Department of Health and Human Services.
As added by P.L.165-2022, SEC.9. Amended by P.L.190-2023, SEC.22.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/27Fetched: 10/17/2026