reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 27. Insurance › Article 16. Professional Employer Organizations › Chapter 7. General Requirements and Provisions › 27-16-7-4. Responsibilities of Clients, Peos, and Covered Employees

Sec. 4. (a) Except as expressly provided by the professional employer agreement:
(1) a client:
(A) is solely responsible for:
(i) the quality, adequacy, or safety of goods or services produced or sold in the client's business;
(ii) directing, supervising, training, and controlling the work of a covered employee with respect to the business activities of the client; and
(iii) the acts, errors, or omissions of a covered employee with respect to activities described in item (ii); and
(B) is not liable for the acts, errors, or omissions of:
(i) the PEO; or
(ii) a covered employee of the client and a PEO when the covered employee is acting under the express direction and control of the PEO.
(2) A PEO is not liable for the acts, errors, or omissions of a client or a covered employee of the client when the covered employee is acting under the express direction and control of the client.
(3) A covered employee is not, solely as the result of being a covered employee of a PEO, an employee of the PEO for purposes of:
(A) general liability insurance;
(B) fidelity bonds;
(C) surety bonds;
(D) employer's liability that is not covered by worker's compensation; or
(E) liquor liability insurance;
carried by the PEO unless the covered employee is specified as an employee of the PEO by specific reference in the professional employer agreement and any applicable prearranged employment contract, insurance contract, or bond.
(b) This section does not limit:
(1) a contractual liability or obligation specified in a professional employer agreement; or
(2) the liabilities and obligations of a PEO or client as specified in this article.
As added by P.L.245-2005, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 16. Professional Employer Organizations › Chapter 7. General Requirements and Provisions › 27-16-7-5. Peo Not Engaged in Business of Insurance

Sec. 5. A PEO that offers, markets, sells, administers, or provides professional employer services under a professional employer agreement as provided in this article is not:
(1) engaged in the business of insurance; or
(2) acting as an administrator (as defined in IC 27-1-25-1).
As added by P.L.245-2005, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 16. Professional Employer Organizations › Chapter 7. General Requirements and Provisions › 27-16-7-6. Basis of Fees or Taxes on Peos

Sec. 6. (a) A business license fee or another fee that is based upon gross receipts must, in the case of a PEO, be based upon the administrative fee of the PEO.
(b) A tax assessed on a per capita or per employee basis must be assessed against a:
(1) client for covered employees; and
(2) PEO for the PEO's employees who are not covered employees.
(c) In the case of tax imposed or calculated upon the basis of total payroll, a PEO is eligible to apply a small business allowance or exemption available to the client for covered employees for the purpose of computing the tax.
As added by P.L.245-2005, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 16. Professional Employer Organizations › Chapter 8. Benefit Plans › 27-16-8-1. Client and Peo Considered Employer for Purposes of Retirement and Welfare Benefits

Sec. 1. A client and a PEO are each considered to be an employer for purposes of sponsoring retirement and welfare benefit plans for covered employees.
As added by P.L.245-2005, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 16. Professional Employer Organizations › Chapter 8. Benefit Plans › 27-16-8-2. Fully Insured Welfare Benefit Plans

Sec. 2. A fully insured welfare benefit plan offered to covered employees of a single PEO is:
(1) considered to be a single employer welfare benefit plan; and
(2) not a multiple employer welfare arrangement (as defined in IC 27-1-34-1(b)) and is not required to comply with IC 27-1-34.
As added by P.L.245-2005, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 16. Professional Employer Organizations › Chapter 8. Benefit Plans › 27-16-8-3. Covered Employees Considered to Participate in Single Employer Plan

Sec. 3. For purposes of IC 27-8-15, all covered employees of a PEO participating in a group health benefit plan sponsored by the PEO are considered to be:
(1) employees of the PEO; and
(2) participating in a single employer plan.
As added by P.L.245-2005, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 16. Professional Employer Organizations › Chapter 8. Benefit Plans › 27-16-8-4. Health Benefit Plan Offered by Peo

Sec. 4. If a PEO offers to the PEO's covered employees a health benefit plan that is not fully insured by an insurer authorized under this title to conduct the business of insurance in Indiana, the health benefit plan must:
(1) be administered by an administrator licensed under IC 27-1-25;
(2) hold all plan assets, including participant contributions, in a trust account;
(3) provide sound reserves for the health benefit plan as determined using generally accepted actuarial standards as set forth in an actuarial opinion filed with the commissioner and prepared and signed by a qualified actuary who:
(A) is a member in good standing of the American Academy of Actuaries; and
(B) meets the requirements established by the commissioner in rules adopted under IC 4-22-2;
(4) annually submit current audited financial statements to the commissioner;
(5) at the discretion of the commissioner, possess a written commitment, binder, or policy for stop-loss insurance:
(A) issued by an insurer authorized to conduct the business of insurance in Indiana; and
(B) that meets any specific and total coverage requirements established by the commissioner in rules adopted under IC 4-22-2;
(6) be subject to audit for compliance with the requirements of this section by the department on a random basis or upon a finding of reasonable need; and
(7) provide written notice to each covered employee participating in the health benefit plan that the health benefit plan is:
(A) self-insured or not fully insured; and
(B) subject to the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.).
As added by P.L.245-2005, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 16. Professional Employer Organizations › Chapter 9. Worker's Compensation › 27-16-9-1. Clients and Peo Considered Employer for Purposes of Worker's Compensation

Sec. 1. Subject to the specification required under IC 27-16-7-2(b)(3), a client and a PEO are both considered the employer of a covered employee for purposes of coverage under IC 22-3-2 through IC 22-3-7.
As added by P.L.245-2005, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 16. Professional Employer Organizations › Chapter 9. Worker's Compensation › 27-16-9-2. Exclusive Remedy Provisions Apply to Peos, Clients, and Employees

Sec. 2. The protection of the exclusive remedy provisions of IC 22-3-2-6 and IC 22-3-7-6 apply to the PEO, the client, and each covered employee and other employee of the client regardless of whether the PEO or the client is responsible to obtain the worker's compensation coverage for the covered employees under the professional employer agreement.
As added by P.L.245-2005, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 1. Definitions › 27-17-1-5. "Discount Medical Card Program"

Sec. 5. "Discount medical card program" means a program through which a discount medical card program organization provides, in exchange for consideration, a cardholder with access to medical services provided by a program provider under a provider agreement. The term does not include:
(1) a policy or contract regulated under this title; or
(2) self-funded coverage regulated under the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.).
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 1. Definitions › 27-17-1-6. "Discount Medical Card Program Organization"

Sec. 6. (a) "Discount medical card program organization" means a person that:
(1) negotiates and enters into provider agreements;
(2) in exchange for consideration, provides cardholders with a right of access to the discounted prices available under the provider agreements entered into under subdivision (1); and
(3) determines the charge to cardholders for the discount prices.
(b) The term does not include the following:
(1) An insurance company, or an affiliate (as defined in IC 27-1-12-2) of an insurance company, that is regulated under this title.
(2) A health maintenance organization, or an affiliate (as defined in IC 27-1-12-2) of a health maintenance organization, that is regulated under this title.
(3) A limited service health maintenance organization, or an affiliate (as defined in IC 27-1-12-2) of a limited service health maintenance organization, that is regulated under this title.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 1. Definitions › 27-17-1-7. "Marketer"

Sec. 7. "Marketer" means a person that markets, promotes, sells, or distributes a discount medical card program. The term includes a person that markets or distributes a discount medical card program under the person's own name, but does not operate a discount medical card program.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 1. Definitions › 27-17-1-8. "Medical Service"

Sec. 8. (a) "Medical service" means care, service, or treatment related to:
(1) an illness or a dysfunction of; or
(2) injury to;
the human body.
(b) The term includes physician care, inpatient care, hospital services, surgical services, emergency services, ambulance services, dental care services, vision care services, mental health services, substance abuse services, chiropractic services, podiatric care services, laboratory services, radiology services, and medical equipment and supplies.
(c) The term does not include pharmaceutical supplies or prescriptions.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 1. Definitions › 27-17-1-12. "Provider Agreement"

Sec. 12. "Provider agreement" means a written agreement between a discount medical card program organization and a:
(1) provider; or
(2) provider network;
for the provider or providers that belong to the provider network to render medical services to cardholders at discounted rates.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 2. Registration of Discount Medical Card Program Organizations › 27-17-2-1. Requirements to Transact Business

Sec. 1. A discount medical card program organization may not transact business in Indiana unless the discount medical card program organization is:
(1) authorized to transact business in Indiana; and
(2) registered under this chapter.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 2. Registration of Discount Medical Card Program Organizations › 27-17-2-2. Application; Requirements

Sec. 2. (a) An application for registration to operate as a discount medical card program organization must be filed with the department on a form prescribed by the department.
(b) An application filed under subsection (a) must be:
(1) sworn to by an officer or authorized representative of the applicant; and
(2) accompanied by the following:
(A) A copy of the applicant's organizational documents, such as articles of incorporation, including all amendments.
(B) A copy of the applicant's bylaws or other enabling documents that establish the organizational structure and governance of the applicant.
(C) A list of the names, addresses, official positions, and biographical information of each individual responsible for conducting the applicant's affairs, including each:
(i) member of the board of directors, board of trustees, executive committee, or other governing board or committee; and
(ii) officer.
(D) A statement generally describing the applicant, the applicant's facilities and personnel, and the medical services for which discounts will be available.
(E) A complete list of all program providers in Indiana available to Indiana cardholders.
(F) A copy of the form of any contract or arrangement between the applicant and a person listed in clause (C).
(G) A copy of the form of any contract between the applicant and a person for the performance on the applicant's behalf of any function, including marketing, administration, enrollment, investment management, and contracting for the provision of medical services to cardholders.
(H) A description of the proposed method of marketing.
(I) A toll free telephone number that program providers and cardholders can use at least forty (40) hours per week during normal business hours to contact the applicant.
(J) A copy of the applicant's cancellation and refund policy.
(K) A description of program provider and cardholder complaint procedures.
(L) The name and address of the applicant's agent for service of process, notice or demand, or an executed power of attorney appointing the commissioner as the attorney of the applicant in Indiana for service of process for a cause of action arising in Indiana.
(M) Other information the commissioner reasonably requires to make the determinations required under this chapter.
As added by P.L.73-2006, SEC.3. Amended by P.L.1-2007, SEC.187.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 2. Registration of Discount Medical Card Program Organizations › 27-17-2-3. Registration; Fees; Duration; Renewal

Sec. 3. (a) The fee for issuance of a registration under this chapter is five hundred dollars ($500).
(b) A registration issued or renewed under this chapter expires annually on the last day of the month of issuance or renewal.
(c) The fee for renewal of a registration under this chapter is two hundred fifty dollars ($250).
(d) The department shall renew a registration issued under this chapter if:
(1) the fee specified under subsection (c) is paid; and
(2) the commissioner is satisfied that the discount medical card program organization is in compliance with this article.
(e) Fees collected under this section must be deposited in the department of insurance fund established by IC 27-1-3-28.
As added by P.L.73-2006, SEC.3. Amended by P.L.146-2015, SEC.37.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 2. Registration of Discount Medical Card Program Organizations › 27-17-2-4. Exception for Certain Providers Providing Discounted Prices

Sec. 4. This article does not require a provider that provides discounted prices for medical services to the provider's patients to be registered under this chapter.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 2. Registration of Discount Medical Card Program Organizations › 27-17-2-5. Exception for Certain Providers and Business Entities

Sec. 5. A provider or a business entity owned by at least one (1) provider that contracts with employers or health plans to provide medical services is not required to register under this chapter.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 3. Examinations and Investigations › 27-17-3-1. Authority to Examine and Investigate; Expenses

Sec. 1. (a) The department may examine or investigate the business and affairs of a discount medical card program organization.
(b) The department may:
(1) order a discount medical card program organization or applicant for registration under IC 27-17-2 to produce records, books, files, advertising and solicitation materials, and other information; and
(2) take statements under oath to determine whether the discount medical card program organization or applicant is in violation of the law or is acting contrary to the public interest.
(c) A discount medical card program organization or applicant that is examined or investigated under this chapter shall pay any expense incurred in conducting the examination or investigation.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 3. Examinations and Investigations › 27-17-3-2. Denial or Revocation of Registration

Sec. 2. A discount medical card program organization's failure to:
(1) comply with an action of the department under section 1 of this chapter; or
(2) pay expenses incurred under section 1 of this chapter;
is grounds for denial or revocation of a registration issued under IC 27-17-2.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 4. Prohibited Activities › 27-17-4-1. Prohibited Activities

Sec. 1. A discount medical card program organization may not do the following:
(1) Use the following in the discount medical card program organization's advertisements, marketing materials, brochures, or discount cards:
(A) The term "insurance", except as:
(i) a disclaimer of a relationship between discount medical card program benefits and insurance;
(ii) a description of an insurance product connected with a discount medical card program; or
(iii) otherwise provided in this article.
(B) The terms "health plan", "coverage", "copay", "copayment", "preexisting condition", "guaranteed issue", "portability", "premium", "underwriting", or another term that could reasonably mislead a person to believe that a discount medical card program is health insurance.
(2) Implement restrictions on cardholder access to program providers, including waiting periods and notification periods.
(3) Pay a provider a fee for medical services.
(4) Collect or accept money from a cardholder for payment to a provider for medical services furnished to the cardholder unless the discount medical card program organization is an administrator licensed under IC 27-1-25.
(5) Make misleading, deceptive, or fraudulent representations regarding the discount, range of discounts, or access to the range of discounts offered by the discount medical card program.
(6) List, market, promote, or advertise a physician licensed under IC 25-22.5 as a program provider without the express written consent of the physician.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 5. Disclosures › 27-17-5-1. Required Disclosures

Sec. 1. (a) A discount medical card program organization shall make to a prospective cardholder, and print on the first page of advertisements, marketing materials, and brochures relating to a discount medical card program, the following written disclosures:
(1) That the discount medical card program is not health insurance.
(2) That the discount medical card program provides discounts for medical services rendered by program providers.
(3) That the discount medical card program does not make payments to providers.
(4) That the discount medical card program makes available, before purchase and upon request, a list of program providers, including the:
(A) name;
(B) city;
(C) state; and
(D) specialty;
of each program provider that is located in the prospective cardholder's service area.
(5) That the cardholder:
(A) is obligated to pay for all medical services; and
(B) will receive a discount from a program provider.
(6) The name and the locations of the discount medical card program organization and the corresponding customer service toll free telephone number.
(b) The disclosures made under subsection (a) must be printed in at least 12 point type.
(c) The front of an identification card or other materials designed to identify an individual as a cardholder must include, in boldface, 8 point type, the statement "This is not insurance".
(d) If the initial contact with a prospective cardholder is by telephone, the disclosures made under subsection (a) must be:
(1) made orally; and
(2) included in the initial written materials that describe the terms and conditions of the benefits under the discount medical card program provided to the prospective or new cardholder.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 5. Disclosures › 27-17-5-2. Agreement; Requirements

Sec. 2. (a) A person that wishes to be a cardholder of a discount medical card program shall enter into a written agreement with the discount medical card program organization.
(b) A written agreement entered into under subsection (a) must:
(1) specify the cardholder's benefits under the discount medical card program;
(2) specify excluded medical services;
(3) specify that the discount medical card program organization will continuously make available to the cardholder, through a toll free telephone number, the Internet, or in writing upon request, the:
(A) name;
(B) address;
(C) telephone number; and
(D) specialty;
of each program provider in the cardholder's service area; and
(4) comply with the disclosure requirements specified under section 1 of this chapter.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 5. Disclosures › 27-17-5-3. Disclosures by Certain Marketing Organizations

Sec. 3. A marketing organization that is wholly owned by an insurer or a health maintenance organization granted a certificate of authority under this title shall disclose the marketing organization's parent company affiliation in all marketing and membership materials.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 6. Filings › 27-17-6-1. Filing of Advertisement, Marketing Materials, or Brochure

Sec. 1. Before using an advertisement, marketing materials, or a brochure, a discount medical card program organization shall file the advertisement, marketing materials, or brochure with the commissioner and:
(1) obtain the commissioner's approval for use; or
(2) wait at least sixty (60) days after filing and receive no notice of the commissioner's disapproval;
of the advertisement, marketing materials, or brochure.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 6. Filings › 27-17-6-2. Notice of Approval or Disapproval of Filing; Time

Sec. 2. (a) The commissioner shall:
(1) notify a discount medical card program organization of the commissioner's approval or disapproval of a filing under section 1 of this chapter; and
(2) specify in the notice the reason for a disapproval.
(b) A discount medical card program organization that receives a notice of disapproval under subsection (a) may, not more than twenty-one (21) days after the date the discount medical card program organization receives the notice, request a hearing under IC 4-21.5.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 7. Annual Reports › 27-17-7-1. Annual Report; Time

Sec. 1. A discount medical card program organization shall file an annual report with the department not later than three (3) months after the end of the discount medical card program organization's fiscal year.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 7. Annual Reports › 27-17-7-2. Annual Report; Requirements

Sec. 2. A report filed under section 1 of this chapter must be on a form prescribed by the commissioner and must include the following:
(1) If the information is different from the initial application for a registration or from the last annual report, a:
(A) list of the name and residence address of each individual responsible for conducting the discount medical card program organization's affairs, including:
(i) each member of the board of directors, board of trustees, executive committee, or other governing board or committee; and
(ii) each officer; and
(B) disclosure of the extent and nature of any contract or arrangement between each individual listed under clause (A) and the discount medical card program organization, including possible conflicts of interest.
(2) The number of cardholders in Indiana of the discount medical card program organization's discount medical card program.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 7. Annual Reports › 27-17-7-3. Noncompliance; Notification; Payment; Suspension of Registration

Sec. 3. (a) The department shall notify a discount medical card program organization that is not in compliance with this chapter.
(b) A discount medical card program organization that fails to file an annual report as required under this chapter shall pay to the department for deposit in the department of insurance fund established by IC 27-1-3-28:
(1) five hundred dollars ($500) per day for the first ten (10) days of noncompliance; and
(2) one thousand dollars ($1,000) per day for the eleventh day and each subsequent day of noncompliance.
(c) Upon receiving notice under subsection (a), a discount medical card program organization's registration is suspended until the commissioner determines that the discount medical card program organization is in compliance with this chapter.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 8. Cancellation › 27-17-8-1. Cancellation of Agreement; Time; Refund

Sec. 1. (a) A written agreement entered into under IC 27-17-5-2 may be canceled for any reason by the cardholder within:
(1) thirty (30) days after the date the cardholder's identification card is delivered; or
(2) a period that exceeds the period specified in subdivision (1), as provided in the written agreement.
(b) A cardholder that cancels a written agreement under subsection (a) shall receive a full refund of all fees paid by the cardholder, less nominal fees associated with the enrollment cost of the identification card.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 8. Cancellation › 27-17-8-2. Notice of Right to Cancel; Restrictions

Sec. 2. A discount medical card program organization:
(1) shall ensure that a cardholder receives, with the cardholder's identification card, notice that the written agreement may be canceled as provided in section 1 of this chapter; and
(2) may not charge or collect a fee, including a cancellation fee, after a cardholder provides notice to the discount medical card program organization of the cardholder's intention to cancel the written agreement under section 1 of this chapter.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 8. Cancellation › 27-17-8-3. Agreement Void

Sec. 3. A written agreement that is:
(1) entered into under IC 27-17-5-2; and
(2) canceled as provided in section 1 of this chapter;
is void from the date the written agreement is entered into.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 9. Financial Requirements › 27-17-9-2. Surety Bond Requirements

Sec. 2. Except as provided in section 3 of this chapter, a discount medical card program organization shall maintain in force a surety bond issued:
(1) by an insurer granted a certificate of authority under this title;
(2) in the discount medical card organization's name; and
(3) in an amount equal to at least thirty-five thousand dollars ($35,000);
for the commissioner's use in protecting the financial interest of a cardholder who may be adversely affected by the insolvency of the discount medical card program organization.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 9. Financial Requirements › 27-17-9-3. Option to Maintain a Deposit; Income

Sec. 3. (a) A discount medical card program organization may, instead of maintaining a surety bond under section 2 of this chapter, maintain a deposit with:
(1) the commissioner; or
(2) at the discretion of the commissioner, an organization or a trustee approved by the commissioner and using a custodial or controlled account;
cash, securities, a combination of cash and securities, or another measure approved by the commissioner and having at all times a market value equal to at least thirty-five thousand dollars ($35,000).
(b) Income that results from a deposit made under subsection (a) is an asset of the discount medical card program organization.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 9. Financial Requirements › 27-17-9-4. Assets or Securities Not Subject to Levy

Sec. 4. Assets or securities held in Indiana as a deposit under this chapter are not subject to levy by a judgment creditor or other claimant, except the commissioner, against the discount medical card program organization.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 10. Suspension or Revocation of Registration › 27-17-10-1. Findings to Suspend or Revoke a Registration

Sec. 1. The department may suspend or revoke a discount medical card program organization's registration or order compliance if the department finds any of the following:
(1) The discount medical card program organization is not in compliance with this article.
(2) The discount medical card program organization is not in compliance with the financial requirements of IC 27-17-9.
(3) The discount medical card program organization has:
(A) advertised, marketed, or attempted to market the discount medical card program organization's services in such a manner as to misrepresent the discount medical card program organization's services or capacity for service; or
(B) engaged in deceptive, misleading, or unfair practices with respect to advertising or marketing.
(4) The discount medical card program organization is not fulfilling the discount medical card program organization's obligations as a discount medical card program organization.
(5) The continued operation of the discount medical card program organization would be hazardous to the discount medical card program organization's cardholders.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 10. Suspension or Revocation of Registration › 27-17-10-2. Notification; Hearing

Sec. 2. If the department has cause to believe that grounds for the suspension or revocation of a registration under this article exist, the department shall:
(1) notify the discount medical card program organization in writing specifically stating the grounds for suspension or revocation; and
(2) pursue a hearing under IC 4-21.5.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 10. Suspension or Revocation of Registration › 27-17-10-3. Conclude Affairs; Prohibited Activity

Sec. 3. Upon the effective date of the surrender or revocation of a discount medical card program organization's registration, the discount medical card program organization shall conclude the discount medical card program organization's affairs transacted under the registration. The discount medical card program organization may not engage in any further advertising, solicitation, collection of consideration, or renewal of agreements.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 10. Suspension or Revocation of Registration › 27-17-10-4. Suspension; Specifications; Rescind or Modify; Reinstatement

Sec. 4. (a) If the department suspends the registration of a discount medical card program organization, the department must specify in the order of suspension the:
(1) period during which the suspension is in effect; and
(2) conditions that must be met by the discount medical card program organization before the registration is reinstated.
(b) An order of suspension may be rescinded or modified by further order of the department before the expiration of the suspension period specified under subsection (a).
(c) The department may not reinstate a suspended registration unless reinstatement is requested by the discount medical card program organization.
(d) The department may not reinstate a suspended registration if the department determines that the circumstances for which the suspension occurred continue to exist or are likely to recur.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 10. Suspension or Revocation of Registration › 27-17-10-5. Suspension; Requirements

Sec. 5. On the date that a discount medical card program organization receives notice from the department that the discount medical card program organization's registration is suspended, the discount medical card program organization shall:
(1) cease to enroll new cardholders;
(2) honor discounts for existing cardholders for expenses incurred before and on the date of suspension;
(3) discontinue collection of fees from existing cardholders after the date of suspension; and
(4) refund fees collected from existing cardholders after the date of suspension.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 11. Notice of Change of Name or Address › 27-17-11-1. Notification of Change of Name or Address; Time

Sec. 1. A discount medical card program organization shall notify the department of a change of the discount medical card program organization's name, address, principal business address, or mailing address at least thirty (30) days before the change occurs.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 12. Marketing of Discount Medical Card Programs › 27-17-12-1. Approval of Advertisements, Marketing Materials, Brochures, and Discount Cards

Sec. 1. A discount medical card program organization shall approve in writing all advertisements, marketing materials, brochures, and discount cards before the advertisements, marketing materials, brochures, and discount cards are used by marketers.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 12. Marketing of Discount Medical Card Programs › 27-17-12-2. Agreement With Marketer; Liability

Sec. 2. A discount medical card program organization:
(1) shall enter into a written agreement with a marketer before the marketer may begin marketing, promoting, selling, or distributing the discount medical card program; and
(2) is responsible and financially liable for any acts of the discount medical card program organization's marketers that do not comply with this article.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 14. Violations › 27-17-14-1. Civil Penalties

Sec. 1. The department may impose a civil penalty of:
(1) at least five hundred dollars ($500); and
(2) not more than fifty thousand dollars ($50,000);
for each violation of this article.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 17. Discount Medical Card Program Organizations › Chapter 14. Violations › 27-17-14-2. Application of Unauthorized Insurers Act

Sec. 2. IC 27-4-5 applies to a discount medical card program organization that operates without registration under this article as if the discount medical card program organization were an unauthorized insurer.
As added by P.L.73-2006, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 19. Health Benefit Exchange › Chapter 1. General Provisions › 27-19-1-1. Reference to Federal Law

Sec. 1. Except as otherwise provided in this title, a reference to a federal law in this article is a reference to the federal law as in effect on January 1, 2012.
As added by P.L.278-2013, SEC.27.
2023 Indiana Code › Title 27. Insurance › Article 19. Health Benefit Exchange › Chapter 1. General Provisions › 27-19-1-3. Expiration of Article

Sec. 3. This article expires immediately upon the occurrence of any of the following events:
(1) The complete repeal of PPACA.
(2) The repeal of the PPACA requirement that one (1) or more health benefit exchanges be established in each state.
(3) Any other congressional action, or federal court decision, rendering the establishment of a health benefit exchange unnecessary.
(4) The issuance of an executive order by the governor specifying that the establishment of a health benefit exchange in Indiana is unnecessary or inappropriate.
As added by P.L.278-2013, SEC.27.
2023 Indiana Code › Title 27. Insurance › Article 19. Health Benefit Exchange › Chapter 1. General Provisions › 27-19-1-4. Implementation of Article

Sec. 4. The commissioner may do the following to implement this article:
(1) Adopt rules under IC 4-22-2.
(2) Enter into a contract, agreement, or memorandum of understanding with the following:
(A) A health benefit exchange.
(B) An entity that contracts with, or is a subcontractor of, a health benefit exchange.
(C) A federal or state agency.
(D) A health benefit exchange operating in another state.
(E) An agency of another state.
(F) A health plan.
(G) Another person, for purposes of the performance of necessary functions, as determined by the commissioner.
(3) Enter with a person described in subdivision (2) into an information sharing agreement:
(A) that concerns the disclosure and receiving of data necessary to implement this article or PPACA; and
(B) that:
(i) includes adequate protections with respect to confidentiality of the shared information; and
(ii) complies with applicable state and federal law.
As added by P.L.278-2013, SEC.27.
2023 Indiana Code › Title 27. Insurance › Article 19. Health Benefit Exchange › Chapter 1. General Provisions › 27-19-1-5. When Continued Payment of Premiums Is Considered Purchase of a New Policy

Sec. 5. For the purposes of this article, an individual who continues to pay premiums for a policy or contract offered by a qualified health plan issuer in a benefit year that follows the benefit year in which the individual purchased the original policy or contract is considered to have purchased a new policy or contract for the purposes of 45 CFR 147.106(h)(2).
As added by P.L.226-2023, SEC.31.
2023 Indiana Code › Title 27. Insurance › Article 19. Health Benefit Exchange › Chapter 2. Definitions › 27-19-2-3. "Application Organization"

Sec. 3. (a) Subject to subsections (b) and (c), "application organization" means an entity that:
(1) is a navigator described in Section 1311(i) of PPACA (42 U.S.C. 18031(i));
(2) assists individuals with application for and enrollment in a health benefit exchange or public health insurance program; or
(3) performs the functions of a navigator with respect to a health benefit exchange as established by the commissioner.
(b) In the commissioner's discretion, the term does not include an entity that does one (1) or more of the following:
(1) Provides assistance with application for and enrollment in Medicaid to individuals who, based on preliminary information obtained by the entity, may be eligible for Medicaid without respect to the individuals' income or assets.
(2) Provides individuals with general information concerning the application process for enrollment in a public health insurance program, but does not participate with the individuals in making application for the individuals' enrollment in a public health insurance program.
(c) The term does not include an entity that makes presumptive eligibility determinations concerning individuals' eligibility for enrollment in a public health insurance program.
As added by P.L.278-2013, SEC.27.
2023 Indiana Code › Title 27. Insurance › Article 19. Health Benefit Exchange › Chapter 2. Definitions › 27-19-2-7. "Group Health Plan"

Sec. 7. "Group health plan" means a group health plan (as defined in Section 2791 of the federal Public Health Service Act (42 U.S.C. 300gg-91)) that provides health insurance coverage.
As added by P.L.278-2013, SEC.27.
2023 Indiana Code › Title 27. Insurance › Article 19. Health Benefit Exchange › Chapter 2. Definitions › 27-19-2-9. "Health Insurance Coverage"

Sec. 9. "Health insurance coverage" has the meaning set forth in Section 2791 of the federal Public Health Service Act (42 U.S.C. 300gg-91).
As added by P.L.278-2013, SEC.27.
2023 Indiana Code › Title 27. Insurance › Article 19. Health Benefit Exchange › Chapter 2. Definitions › 27-19-2-12. "Navigator"

Sec. 12. (a) Subject to subsections (b), (c), and (d), "navigator" means an individual who:
(1) is described in Section 1311(i) of PPACA (42 U.S.C. 18031(i));
(2) assists other individuals with application for and enrollment in a health benefit exchange or public health insurance program; or
(3) performs the functions of a navigator with respect to a health benefit exchange as established by the commissioner.
(b) In the commissioner's discretion, the term does not include an individual who does one (1) or more of the following:
(1) Provides assistance with application for and enrollment in Medicaid to other individuals who, based on preliminary information obtained by the individual, may be eligible for Medicaid without respect to the other individuals' income or assets.
(2) Provides other individuals with general information concerning the application process for enrollment in a public health insurance program, but does not participate with the other individuals in making application for the other individuals' enrollment in a public health insurance program.
(c) The term does not include an individual who makes presumptive eligibility determinations concerning other individuals' eligibility for enrollment in a public health insurance program.
(d) The term does not include a representative authorized by an individual to perform functions on behalf of the individual in connection with Medicaid.
As added by P.L.278-2013, SEC.27.
2023 Indiana Code › Title 27. Insurance › Article 19. Health Benefit Exchange › Chapter 2. Definitions › 27-19-2-14. "Ppaca"

Sec. 14. "PPACA" refers to the federal Patient Protection and Affordable Care Act (P.L. 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (P.L. 111-152).
As added by P.L.278-2013, SEC.27.
2023 Indiana Code › Title 27. Insurance › Article 19. Health Benefit Exchange › Chapter 2. Definitions › 27-19-2-15. "Public Health Insurance Program"

Sec. 15. (a) "Public health insurance program" refers to health coverage provided under a state or federal government program.
(b) The term includes the following:
(1) Medicaid (42 U.S.C. 1396 et seq.).
(2) The healthy Indiana plan established by IC 12-15-44.5-3.
(3) The children's health insurance program established under IC 12-17.6.
As added by P.L.278-2013, SEC.27. Amended by P.L.213-2015, SEC.254; P.L.30-2016, SEC.43.
2023 Indiana Code › Title 27. Insurance › Article 19. Health Benefit Exchange › Chapter 2. Definitions › 27-19-2-16. "Qualified Health Plan"

Sec. 16. "Qualified health plan" means a health plan that has been certified under Section 1301 of PPACA (42 U.S.C. 18021(a)) to meet the criteria for availability through a health benefit exchange operated in Indiana.
As added by P.L.278-2013, SEC.27.
2023 Indiana Code › Title 27. Insurance › Article 19. Health Benefit Exchange › Chapter 3. Health Benefit Exchange Authority › 27-19-3-2. Regulation of Insurance in Connection With Health Benefit Exchange

Sec. 2. (a) The commissioner and the department may implement and enforce the insurance law of this state in connection with a health benefit exchange.
(b) A law of this state concerning a health benefit exchange does not preempt or supersede the authority of the commissioner or department to regulate the business of insurance in Indiana.
(c) This section does not require the department to perform any function related to a health benefit exchange without being appropriately compensated for the performance of the function.
As added by P.L.278-2013, SEC.27.
2023 Indiana Code › Title 27. Insurance › Article 19. Health Benefit Exchange › Chapter 3. Health Benefit Exchange Authority › 27-19-3-3. Regulation of Social Services in Connection With Health Benefit Exchange

Sec. 3. (a) The secretary, the administrator, and the CHIP office may implement and enforce the social services law of this state in connection with a health benefit exchange.
(b) A law of this state concerning a health benefit exchange does not preempt or supersede the authority of the secretary, the administrator, or the CHIP office to administer and regulate social services in Indiana.
(c) This section does not require the secretary, the administrator, or the CHIP office to perform any function related to a health benefit exchange without being appropriately compensated for the performance of the function.
(d) The secretary may adopt rules under IC 4-22-2 to implement this section.
(e) The administrator and the CHIP office may do the following to implement this section:
(1) Enter into a contract, agreement, or memorandum of understanding with the following:
(A) A health benefit exchange.
(B) An entity that contracts with, or is a subcontractor of, a health benefit exchange.
(C) A federal or state agency.
(D) A health benefit exchange operating in another state.
(E) An agency of another state.
(F) A health plan.
(2) Enter with a person described in subdivision (1) into an information sharing agreement:
(A) that concerns the disclosure and receiving of data necessary to implement this section or PPACA; and
(B) that:
(i) includes adequate protections with respect to confidentiality of the shared information; and
(ii) complies with applicable state and federal law.
As added by P.L.278-2013, SEC.27.
2023 Indiana Code › Title 27. Insurance › Article 19. Health Benefit Exchange › Chapter 4. Health Benefit Exchange Navigators and Application Organizations › 27-19-4-1. Application of Chapter

Sec. 1. (a) This chapter applies to a person that acts as a navigator or an application organization for a health benefit exchange in Indiana. This chapter must be applied in conformity with PPACA.
(b) An individual who intends to act as a navigator shall obtain certification under this chapter before acting as a navigator.
(c) An entity that intends to act as an application organization shall obtain registration under this chapter before acting as an application organization.
(d) The following are subject to regulation by the commissioner and the secretary:
(1) A navigator.
(2) An application organization.
As added by P.L.278-2013, SEC.27.