Title 27, INSURANCE

Sec. 12. (a) The department may enforce the requirements of this chapter to the extent permissible under applicable law. (b) A violation of this chapter is an unfair or deceptive act or practice in the business of insurance under IC 27-4-1-4. (c) The department may adopt rules un…

Sec. 13. The commissioner may take appropriate action to enforce this chapter by imposing a civil penalty not to exceed ten thousand dollars ($10,000) per violation. As added by P.L.166-2023, SEC.3.

Sec. 14. (a) In complying with the requirements of this chapter, an insurer may not publish or otherwise reveal information regarding the actual amount of rebates the insurer receives on a product, manufacturer, or pharmacy specific basis. This information is protected as a trade…

Sec. 2. As used in this chapter, "defined cost sharing" means a deductible payment or coinsurance amount imposed on a covered individual for a covered prescription drug under the covered individual's health insurance coverage. As added by P.L.166-2023, SEC.3.

Sec. 3. (a) As used in this chapter, "health insurance coverage" includes: (1) a group policy of accident and sickness insurance (as defined in IC 27-8-5-1); (2) a group contract (as defined in IC 27-13-1-16) that provides coverage for basic health care services (as defined in IC…

Sec. 4. As used in this chapter, "insurer" means an insurer that provides health insurance coverage to a covered individual. As added by P.L.166-2023, SEC.3.

Sec. 5. As used in this chapter, "plan sponsor" means an employer or organization that offers health insurance coverage to its employees or members through an insurer. As added by P.L.166-2023, SEC.3.

Sec. 6. As used in this chapter, "price protection rebate" means a negotiated price concession that accrues directly or indirectly to an insurer, or another party on behalf of an insurer, if there is an increase in the wholesale acquisition cost of a prescription drug above a spe…

Sec. 7. As used in this chapter, "rebate" means: (1) a discount or other negotiated price concession, including base price concessions (whether described as a rebate or otherwise) and reasonable estimates of price protection rebates, and performance based price concessions, that …

Sec. 8. An insurer shall pass through to a plan sponsor one hundred percent (100%) of all rebates concerning the dispensing or administration of prescription drugs to the covered individuals of the plan sponsor. As added by P.L.166-2023, SEC.3.

Sec. 9. (a) At the time of contracting, an insurer shall only offer to plan sponsors the following plans: (1) A plan that applies one hundred percent (100%) of the rebates to reduce premiums for all covered individuals equally. (2) A plan that calculates defined cost sharing for …