February 18, 2005
SENATE BILL No. 205
_____
DIGEST OF SB 205
(Updated February 16, 2005 2:31 pm - DI 104)
Citations Affected: IC 16-18; IC 16-40.
Synopsis: Health information. Requires the state department of health
to develop and implement a health care quality indicator data program.
Requires compliance with data collection requirements. Provides for
confidentiality of certain information.
Effective: July 1, 2005.
Dillon
January 4, 2005, read first time and referred to Committee on Health and Provider
Services.
February 17, 2005, amended, reported favorably _ Do Pass; reassigned to Committee on
Appropriations.
February 18, 2005
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
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SENATE BILL No. 205
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 16-18-2-163; (05)SB0205.1.1. -->
SECTION 1. IC 16-18-2-163 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: 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.
The term includes an individual who is an employee or agent of a
health care provider acting in the course and scope of the individual's
employment.
(d) "Health care provider", for purposes of IC 16-40-3, means
any of the following:
(1) An individual, a partnership, a corporation, a professional
corporation, a facility, or an institution licensed or authorized
by the 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),
an ambulatory outpatient surgical center, a dentist, an
optometrist, a pharmacist, a podiatrist, a chiropractor, a
psychologist, 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 blood bank, laboratory, community mental health
center, community mental retardation center, community
health center, or migrant health center.
(3) A home health agency (as defined in IC 16-27-1-2).
(4) A health maintenance organization (as defined in
IC 27-13-1-19).
(5) A health care organization whose members, shareholders,
or partners are health care providers under subdivision (1).
(6) A corporation, partnership, or professional corporation
not otherwise specified in 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.
(7) A person that is designated to maintain the records of a
person described in subdivisions (1) through (6).
SOURCE: IC 16-18-2-163.3; (05)SB0205.1.2. -->
SECTION 2. IC 16-18-2-163.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 163.3. "Health care quality
indicator data", for purposes of IC 16-40-3, has the meaning set
forth in IC 16-40-3-1.
SOURCE: IC 16-18-2-164.6; (05)SB0205.1.3. -->
SECTION 3. IC 16-18-2-164.6 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 164.6. "Health coverage
provider", for purposes of IC 16-40-3, has the meaning set forth in
IC 16-40-3-2.
SOURCE: IC 16-18-2-294.5; (05)SB0205.1.4. -->
SECTION 4. IC 16-18-2-294.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 294.5. (a) "Program",
for purposes of IC 16-40-3, has the meaning set forth in
IC 16-40-3-3.
(b) "Program", for purposes of IC 16-47-1, has the meaning set forth
in IC 16-47-1-3.
SOURCE: IC 16-40-3; (05)SB0205.1.5. -->
SECTION 5. IC 16-40-3 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]:
Chapter 3. Health Care Quality Indicator Data Program
Sec. 1. As used in this chapter, "health care quality indicator
data" means information concerning the provision of health care
services that may be collected and used to measure and compare
quality of health care services.
Sec. 2. As used in this chapter, "health coverage provider"
means any of the following:
(1) An insurer (as defined in IC 27-1-2-3) that issues or
delivers a policy of accident and sickness insurance (as
defined in IC 27-8-5-1).
(2) A health maintenance organization (as defined in
IC 27-13-1-19).
(3) The administrator of a program of self-insurance
established, implemented, or maintained to provide coverage
for health care services to the extent allowed by the federal
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1001 et seq.).
(4) The state Medicaid program (IC 12-15).
(5) The children's health insurance program (IC 12-17.6).
(6) The Indiana comprehensive health insurance association
(IC 27-8-10).
(7) A person that is designated to maintain the records of a
person described in subdivisions (1) through (6).
Sec. 3. As used in this chapter, "program" refers to the health
care quality indicator data program developed and implemented
under section 4 of this chapter.
Sec. 4. (a) The state department shall, in compliance with state
and federal law, develop and implement a health care quality
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) A methodology for health care quality indicator data
collection, analysis, distribution, and use.
(3) The inclusion of data concerning ethnicity and minority
status, as allowed by the individuals about whom health care
quality indicator data is collected.
(4) A methodology to provide for a case mix system or other
scientific criteria to develop and adjust health quality
indicators, including infection rates, that may be affected by
risks and variables.
(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. The following shall comply with the data collection
requirements of the program:
(1) A health coverage provider.
(2) A health care provider.
(3) An out-of-state health coverage provider that:
(A) provides health coverage;
(B) administers health coverage provided; or
(C) maintains records concerning health coverage
provided;
to an individual who resides or receives health care services
in Indiana.
(4) An out-of-state health care provider that:
(A) provides health care services; or
(B) maintains records concerning 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.