First Regular Session 116th General Assembly (2009)


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, additions will appear in this style type, and deletions will appear in this style type.
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    SENATE ENROLLED ACT No. 437



     AN ACT to amend the Indiana Code concerning insurance.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 27-8-32; (09)SE0437.1.1. -->
    SECTION 1. IC 27-8-32 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
    Chapter 32. Coverage for Chemotherapy
    Sec. 1. This chapter applies to a policy of accident and sickness insurance that provides coverage for both of the following:
        (1) Orally administered cancer chemotherapy.
        (2) Cancer chemotherapy that is administered intravenously or by injection.
    Sec. 2. As used in this chapter, "cancer chemotherapy" means medication that is prescribed by a physician to kill or slow the growth of cancer cells.
    Sec. 3. As used in this chapter, "insured" means an individual who is entitled to coverage under a policy of accident and sickness insurance.
    Sec. 4. As used in this chapter,
"policy of accident and sickness insurance" has the meaning set forth in IC 27-8-5-1.
    Sec. 5. Coverage for orally administered cancer chemotherapy under a policy of accident and sickness insurance must not be subject to dollar limits, copayments, deductibles, or coinsurance provisions that are less favorable to an insured than the dollar

limits, copayments, deductibles, or coinsurance provisions that apply to coverage for cancer chemotherapy that is administered intravenously or by injection under the policy of accident and sickness insurance.

SOURCE: IC 27-13-7-20; (09)SE0437.1.2. -->     SECTION 2. IC 27-13-7-20 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 20. (a) This section applies to an individual contract or a group contract that provides coverage for both of the following:
        (1) Orally administered cancer chemotherapy.
        (2) Cancer chemotherapy that is administered intravenously or by injection.
    (b) As used in this section, "cancer chemotherapy" means medication that is prescribed by a physician to kill or slow the growth of cancer cells.
    (c) Coverage for orally administered cancer chemotherapy under an individual contract or a group contract must not be subject to dollar limits, copayments, deductibles, or coinsurance provisions that are less favorable to an enrollee than the dollar limits, copayments, deductibles, or coinsurance provisions that apply to coverage for cancer chemotherapy that is administered intravenously or by injection under the individual contract or group contract.

SOURCE: ; (09)SE0437.1.3. -->     SECTION 3. [EFFECTIVE JULY 1, 2009] (a) IC 27-8-32, as added by this act, applies to a policy of accident and sickness insurance that is issued, delivered, amended, or renewed after December 31, 2009.
    (b) IC 27-13-7-20, as added by this act, applies to an individual contract or a group contract that is entered into, delivered, amended, or renewed after December 31, 2009.
    (c) This SECTION expires December 31, 2014.


SEA 437 _ Concur

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