Citations Affected: IC 16-18-2; IC 16-40-3.
Synopsis: Health care quality indicator data. Requires the state
department of health to develop and implement a health care quality
indicator data program. Requires compliance with collection
requirements. Provides for confidentiality of certain information.
Effective: July 1, 2004.
January 13, 2004, read first time and referred to Committee on Health and Provider
Services.
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
SECTION 1. IC 16-18-2-163, AS AMENDED BY P.L.205-2003,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 163. (a) "Health care provider", for purposes of
IC 16-21 and IC 16-41, means any of the following:
(1) An individual, a partnership, a corporation, a professional
corporation, a facility, or an institution licensed or legally
authorized by this state to provide health care or professional
services as a licensed physician, a psychiatric hospital, a hospital,
a health facility, an emergency ambulance service (IC 16-31-3),
a dentist, a registered or licensed practical nurse, a midwife, an
optometrist, a pharmacist, a podiatrist, a chiropractor, a physical
therapist, a respiratory care practitioner, an occupational therapist,
a psychologist, a paramedic, an emergency medical technician, an
emergency medical technician-basic advanced, an emergency
medical technician-intermediate, or a person who is an officer,
employee, or agent of the individual, partnership, corporation,
professional corporation, facility, or institution acting in the
course and scope of the person's employment.
(2) A college, university, or junior college that provides health
care to a student, a faculty member, or an employee, and the
governing board or a person who is an officer, employee, or agent
of the college, university, or junior college acting in the course
and scope of the person's employment.
(3) A blood bank, community mental health center, community
mental retardation center, community health center, or migrant
health center.
(4) A home health agency (as defined in IC 16-27-1-2).
(5) A health maintenance organization (as defined in
IC 27-13-1-19).
(6) A health care organization whose members, shareholders, or
partners are health care providers under subdivision (1).
(7) A corporation, partnership, or professional corporation not
otherwise qualified under this subsection that:
(A) provides health care as one (1) of the corporation's,
partnership's, or professional corporation's functions;
(B) is organized or registered under state law; and
(C) is determined to be eligible for coverage as a health care
provider under IC 34-18 for the corporation's, partnership's, or
professional corporation's health care function.
Coverage for a health care provider qualified under this subdivision is
limited to the health care provider's health care functions and does not
extend to other causes of action.
(b) "Health care provider", for purposes of IC 16-35, has the
meaning set forth in subsection (a). However, for purposes of IC 16-35,
the term also includes a health facility (as defined in section 167 of this
chapter).
(c) "Health care provider", for purposes of IC 16-36-5, means an
individual licensed or authorized by this state to provide health care or
professional services as:
(1) a licensed physician;
(2) a registered nurse;
(3) a licensed practical nurse;
(4) an advanced practice nurse;
(5) a licensed nurse midwife;
(6) a paramedic;
(7) an emergency medical technician;
(8) an emergency medical technician-basic advanced;
(9) an emergency medical technician-intermediate; or
(10) a first responder, as defined under IC 16-18-2-131.
indicator data program, including the following:
(1) A list of health care quality indicators for which data will
be collected concerning health care services provided to
individuals who reside or receive health care services in
Indiana. The state department shall seek the assistance of
health coverage providers and health care providers in
developing the list under this subdivision.
(2) Methodology for health care quality indicator data
collection, analysis, distribution, and use.
(3) Inclusion of data concerning ethnicity and minority status
as allowed by the individuals about whom health care quality
indicator data is collected.
(b) Health care quality indicator data collected from a health
coverage provider or health care provider under this chapter must
be obtainable from electronic records developed and maintained
in the health coverage provider's or health care provider's
ordinary course of business.
(c) Health coverage providers and health care providers are not
required to establish or amend medical record systems or other
systems to conform to the program.
Sec. 5. (a) A health coverage provider and a health care
provider shall comply with the collection requirements of the
program.
(b) This section applies to the following:
(1) An out-of-state health coverage provider that:
(A) provides coverage;
(B) administers coverage provided; or
(C) maintains records concerning coverage provided;
to an individual who resides or receives health care services
in Indiana.
(2) An out-of-state health care provider that:
(A) provides health care services; or
(B) maintains records of health care services provided;
to an individual who resides or receives health care services
in Indiana.
Sec. 6. Health care quality indicator data and other information
collected under this chapter, or resulting from the program, from
which the identity of a person, including:
(1) an individual;
(2) a health coverage provider; or
(3) a health care provider;
may be ascertained is confidential and, unless otherwise specified
under state or federal law, may not be released to any person
without the written consent of the identified person.
Sec. 7. Financial information that:
(1) is collected under this chapter; or
(2) results from the program;
is confidential.
Sec. 8. The state department shall adopt rules under IC 4-22-2
to implement this chapter.