Ind. Code § 27-2-25.5-3

Current through P.L. 171-2024
Section 27-2-25.5-3 - Plan sponsor's ownership of claims data
(a) This section applies to a contract entered into, issued, amended, or renewed after June 30, 2024.
(b) A contract:
(1) between a:
(A) third party administrator; and
(B) plan sponsor;
(2) between a:
(A) prepaid health care delivery plan under IC 5-10-8-7(c) to provide group health coverage for state employees; and
(B) plan sponsor; or
(3) between:
(A) a pharmacy benefit manager (as defined in IC 27-1-24.5-12); and
(B) either a:
(i) plan sponsor; or
(ii) third party administrator for the administration of a self-funded health benefit plan on behalf of the plan sponsor;

must provide that the plan sponsor owns the claims data relating to the contract. However, a plan sponsor's ownership of the claims data under this section may not be construed to require the pharmacy benefit manager or third party administrator to disclose a trade secret (as defined in IC 24-2-3-2).

(c) Any claims data provided under this section must be provided in accordance with the federal Health Insurance Portability and Accountability Act (HIPAA) (P.L. 104-191).

IC 27-2-25.5-3

Added by P.L. 152-2024,SEC. 15, eff. 7/1/2024.