SB 5 – Health Provider Contracts and Pricing
Authored by Sen Ed Charbonneau (R-Valparaiso)

Prohibits health provider contracts from including provisions that prohibit providers from disclosing the pricing for health care services. States that a violation by the issuer of a health provider contract is an unfair or deceptive act or practice in the business of insurance.

Chamber position: Support in part as introduced; support as amended

The latest: The bill cleared the Senate Provider Services Committee unanimously and was amended on second reading. It will be on third reading next week and eligible for a full Senate vote.

Indiana Chamber action/commentary: Senator Charbonneau’s second reading amendment removed the concern that the Chamber had expressed during the committee: as written, the bill could have resulted in providers knowing their competitors’ reimbursement rates, which could potentially raise costs. The bill now only covers claims data, which makes it acceptable language for the Chamber’s full support.

Governor’s Pregnancy Accommodations Bill Passes Senate Committee

SB 342 – Pregnancy Accommodation
Authored by Sen. Ron Alting (R-Lafayette)

Requires an employer to provide reasonable employment accommodations for a pregnant employee. Requires the Civil Rights Commission to investigate complaints and attempt to resolve complaints through the use of an administrative law judge.

Chamber Position: Oppose

The latest: The bill passed the Senate Family and Children Committee by a vote of 7-2. Subsequently, it was being held on second reading.

Indiana Chamber action/commentary:  More than 20 individuals – led by the Governor’s office – testified in favor of the bill. In opposition, the Chamber testified that larger employers have the resources to make these accommodations and several of our large employer members are supporting this bill. However, the bill goes well beyond the federal Pregnancy Discrimination Act and the American Disabilities Act. The undue hardship provision in this bill will not be a true defense for employers who do not comply because the burden of proof will be on them. And for all practical purposes, the employee will request the accommodation and the employer will have to comply.

Employers cannot assume the physical disabilities of employees and just because a woman is pregnant, it does not make her disabled. There are also significant differences in the resources of a a company with 15 workers compared to one with 500 or more.

This bill would challenge HR professionals. Chris Schrader, representing HR Indiana SHRM, testified that, with the exception of him, his board is made up of all women and mothers, and they oppose the bill.

Bonnie Martin, labor attorney with Ogletree Deakins and Chamber board member, expressed several concerns with the bill. She said it creates unintended consequences. There is a lack of employer protections in the bill and it destroys the employer and employee balance to where it favors the employee.

The Chamber believes most of the terms in this bill are going to be litigated, and we don’t want to increase the legal burden on employers. We are taking various actions to try to ensure a favorable resolution on this matter.

House Labor Committee Moves Worker’s Comp Bill on ASCs

HB 1332 – Ambulatory Outpatient Surgical Centers
Authored by Rep. Matt Lehman (R-Berne)

Provides that ambulatory outpatient surgical centers (ASCs) may be reimbursed in an amount not to exceed 225% of the ambulatory outpatient surgical center’s Medicare reimbursement rate. Provides that the payment to an ambulatory outpatient surgical center for a medical device under worker’s compensation may not exceed the invoice amount plus 3%.

Chamber position: Support; neutral on part that was amended

The latest: The bill passed the House Employment, Labor and Pensions Committee by a vote of 10-0.

Indiana Chamber action/commentary: The Chamber supported the cap on ASCs, as does the Indiana Manufacturers Association, and presented testimony that there has been a significant increase in ASC surgeries. The Chamber also testified that it was neutral on a provision that Rep. Martin Carbaugh (R-Fort Wayne) amended. His amendment changed the current statute for reimbursement rates for hospitals to “may not exceed 200%” of Medicare. The Indiana Hospital Association, although not testifying, does not support the amendment.  The Insurance Institute of Indiana and the Indiana AFL-CIO support the bill.  The Indiana Federation of Ambulatory Surgery Centers opposes the legislation.

Resource: Mike Ripley at (317) 264-6883 or email: mripley@indianachamber.com