Title 25, PROFESSIONS AND OCCUPATIONS

Sec. 13. (a) Except as provided in subsections (c) and (d), a physician or other practitioner may not knowingly provide gender transition procedures to a minor. (b) Except as provided in subsection (c), a physician or other practitioner may not aid or abet another physician or pr…

Sec. 14. Health care services furnished in the following situations may not include gender transition procedures to a minor: (1) By or in a health care facility owned by the state, a county, or a municipality. (2) By a physician or other practitioner employed by state, county, or…

Sec. 15. A physician or practitioner that takes any action that aids or abets another physician or practitioner in the provision of gender transition procedures for a minor violates the standards of practice under IC 25-1-9 and is subject to discipline by the board regulating the…

Sec. 16. An: (1) individual who has received gender transition procedures in violation of this chapter; or (2) individual's parent or guardian; may assert an actual or threatened violation of this chapter as a claim or defense in a judicial or administrative proceeding and may se…

Sec. 17. (a) Except as provided in subsections (b) and (c), an individual must bring a claim for a violation of this chapter not more two (2) years after the day the cause of action accrues. (b) A minor, through a parent, guardian, custodian, or next friend, may bring an action f…

Sec. 18. (a) Notwithstanding any other law, an action under this chapter may be commenced, and relief may be granted, in a judicial proceeding without regard to whether the person commencing the action has sought or exhausted available administrative remedies. (b) In an action or…

Sec. 2. As used in this chapter, "gender reassignment surgery" means any medical or surgical service that seeks to surgically alter or remove healthy physical or anatomical characteristics or features that are typical for the individual's sex, in order to instill or create physio…

Sec. 3. As used in this chapter, "gender transition" means the process in which an individual shifts from identifying with and living as a gender that corresponds to his or her sex to identifying with and living as a gender different from his or her sex, and may involve social, l…

Sec. 4. As used in this chapter, "gender transition hormone therapy" means: (1) testosterone; (2) estrogen; or (3) progesterone; given to an individual in an amount greater than would normally be produced endogenously in a healthy individual of that individual's age and sex. As a…

Sec. 5. (a) As used in this chapter, "gender transition procedures" means any medical or surgical service, including physician's services, practitioner's services, inpatient and outpatient hospital services, or prescribed drugs related to gender transition, that seeks to: (1) alt…

Sec. 6. As used in this chapter, "genital gender reassignment surgery" means a medical procedure knowingly performed for the purpose of assisting an individual with a gender transition, including the following: (1) Surgical procedures, including a penectomy, orchiectomy, vaginopl…

Sec. 7. As used in this chapter, "minor" means an individual who is less than eighteen (18) years of age. As added by P.L.10-2023, SEC.1.

Sec. 8. As used in this chapter, "nongenital gender reassignment surgery" means medical procedures knowingly performed for the purpose of assisting an individual with a gender transition, including the following: (1) Surgical procedures for a male sex patient, including augmentat…

Sec. 9. As used in this chapter, "physician" means an individual who is licensed under IC 25-22.5. As added by P.L.10-2023, SEC.1.

Sec. 1. The definitions contained in IC 25-26-13-2 apply throughout this chapter. As added by P.L.7-2009, SEC.1.

Sec. 10. The results of an extrapolation audit may not be used by an auditor as a basis for calculating overpayment or underpayment recoupments or penalties. As added by P.L.7-2009, SEC.1.

Sec. 11. This chapter does not apply to an investigative audit conducted for purposes of determining whether fraud, willful misrepresentation, or alleged serious abuse has occurred. As added by P.L.7-2009, SEC.1.

Sec. 2. As used in this chapter, "audit" means an audit of a pharmacy: (1) on behalf of a third party payer; and (2) related to a particular claim made by the pharmacy to the third party payer. As added by P.L.7-2009, SEC.1.

Sec. 3. As used in this chapter, "extrapolation audit" means an audit of a sample of claims submitted by a pharmacy to a third party payer, the results of which are used to estimate audit results for a larger group of unaudited claims submitted by the pharmacy to the third party …

Sec. 4. An audit must be conducted in compliance with this chapter. As added by P.L.7-2009, SEC.1.

Sec. 4.2. (a) A third party payer may cause an onsite audit to occur at a particular pharmacy location not more than one (1) time per calendar year. (b) A company that conducts an audit for a third party payer may conduct an onsite audit at a particular pharmacy location not more…

Sec. 5. An auditor conducting an audit shall comply with all of the following: (1) The contract under which the audit is performed must provide a description of audit procedures that will be followed. (2) For an onsite audit conducted at a pharmacy's location, the auditor that co…

Sec. 6. (a) This section does not apply to an audit conducted by the Medicaid, Medicare, or any other federal program. (b) Following an audit, the auditor shall provide to the pharmacy written audit reports as follows: (1) The auditor shall deliver a preliminary audit report to t…

Sec. 7. (a) A clerical error related to or contained in a document that is necessary to the conduct of an audit does not constitute fraud without proof of intent to commit fraud. (b) A clerical error that results in inappropriate payment of a claim by the third party payer may re…

Sec. 8. An audit finding of an overpayment or underpayment of a claim: (1) must be based on an actual overpayment or underpayment; and (2) may not be based on a projection that is based on the number of: (A) patients who: (i) have similar diagnoses; and (ii) are served by the pha…

Sec. 9. (a) This section does not apply to an audit conducted by the Medicaid, Medicare, or any other federal program. (b) Before recoupment of funds may be made based on an audit finding of overpayment or underpayment: (1) a final audit report must be distributed; and (2) except…