Section 27-2-25.5-4 - Plan sponsor's right to audit; disclosure of data; violation; rules(a) A plan sponsor that contracts with a third party administrator, the office of the secretary of family and social services that contracts with a managed care organization (as defined in IC 12-7-2-126.9) to provide services to a Medicaid recipient, or the state personnel department that contracts with a prepaid health care delivery plan under IC 5-10-8-7(c) to provide group health coverage for state employees may, one (1) time in a calendar year and not earlier than six (6) months following a previously requested audit, request an audit of compliance with the contract. If requested by the plan sponsor, office of the secretary of family and social services, or state personnel department, the audit shall include full disclosure of the following concerning data specific to the plan sponsor, office of the secretary, or state personnel department: (1) Claims data described in section 1 of this chapter.(2) Claims received by the third party administrator, managed care organization, or prepaid health care delivery plan on any of the following: (A) The CMS-1500 form or its successor form.(B) The HCFA-1500 form or its successor form.(C) The HIPAA X12 837P electronic claims transaction for professional services, or its successor transaction.(D) The HIPAA X12 837I institutional form or its successor form.(E) The CMS-1450 form or its successor form.(F) The UB-04 form or its successor form. The forms or transaction may be modified as necessary to comply with the federal Health Insurance Portability and Accountability Act (HIPAA) (P.L. 104-191) or to redact a trade secret (as defined in IC 24-2-3-2).
(3) Claims payments, electronic funds transfer, or remittance advice notices provided by the third party administrator, managed care organization, or prepaid health care delivery plan as ASC X12N 835 files or a successor format. The files may be modified only as necessary to comply with the federal Health Insurance Portability and Accountability Act (HIPAA) (P.L. 104-191) or to redact a trade secret (as defined in IC 24-2-3-2). In the event that paper claims are provided, the third party administrator, managed care organization, or prepaid health care delivery plan shall convert the paper claims to the ASC X12N 835 electronic format or a successor format.(4) Any fees charged to the plan sponsor, office of the secretary of family and social services, or state personnel department related to plan administration and claims processing, including renegotiation fees, access fees, repricing fees, or enhanced review fees.(b) A third party administrator, managed care organization, or prepaid health care delivery plan may not impose:(1) fees for: (A) requesting an audit under this section; or(B) selecting an auditor other than an auditor designated by the third party administrator, managed care organization, or prepaid health care delivery plan; or(2) conditions that would restrict a party's right to conduct an audit under this section, including restrictions on the: (A) time period of the audit;(B) number of claims analyzed;(C) type of analysis conducted;(D) data elements used in the analysis; or(E) selection of an auditor as long as the auditor:(i) does not have a conflict of interest;(ii) meets a threshold for liability insurance specified in the contract between the parties;(iii) does not work on a contingent fee basis; and(iv) does not have a history of breaching nondisclosure agreements.(c) A third party administrator, managed care organization, or prepaid health care delivery plan shall confirm receipt of a request for an audit under this section to the plan sponsor, office of the secretary of family and social services, or state personnel department not later than ten (10) business days after the information is requested.(d) Information provided in an audit under this section must be provided in accordance with the federal Health Insurance Portability and Accountability Act (HIPAA) (P.L. 104-191).(e) A contract that is entered into, issued, amended, or renewed after June 30, 2024, may not contain a provision that violates this section.(f) A violation of this section is an unfair or deceptive act or practice in the business of insurance under IC 27-4-1-4.(g) The department may also adopt rules under IC 4-22-2 to set forth fines for a violation under this section.Added by P.L. 152-2024,SEC. 16, eff. 7/1/2024.