HB 1393

                                                             Introduced Version
           HOUSE BILL No. 1393
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-18-2; IC 16-51-2.
Synopsis: Health care debt and duty to provide care. Prohibits a health
care provider from refusing to provide necessary care solely on the
basis of health care debt owed or alleged to be owed by the consumer
to the health care provider for health care services, products, or devices
provided by the health care provider to the consumer or to a minor or
an incapacitated individual who is under the responsibility of the
consumer. Provides that a person that violates this prohibition commits
a deceptive act that is actionable under the Indiana statute concerning
deceptive consumer sales by the attorney general only.
Effective: July 1, 2026.
                            Summers
   January 8, 2026, read first time and referred to Committee on Public Health.
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                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 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.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1393
    A BILL FOR AN ACT to amend the Indiana Code concerning
 health.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 16-18-2-69.1 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2026]: Sec. 69.1. "Consumer", for purposes
4 of IC 16-51-2, has the meaning set forth in IC 16-51-2-1.
5    SECTION 2. IC 16-18-2-160.2 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2026]: Sec. 160.2. "Health care debt", for
8 purposes of IC 16-51-2, has the meaning set forth in IC 16-51-2-2.
9    SECTION 3. IC 16-18-2-163, AS AMENDED BY
10 P.L.179-2022(ss), SECTION 4, IS AMENDED TO READ AS
11 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 163. (a) Except as
12 provided in subsection (c), "health care provider", for purposes of
13 IC 16-21 and IC 16-41, means any of the following:
14      (1) An individual, a partnership, a corporation, a professional
15      corporation, a facility, or an institution licensed or legally
16      authorized by this state to provide health care or professional
17      services as a licensed physician, a psychiatric hospital, a hospital,
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1a health facility, an emergency ambulance service (IC 16-31-3),
2a dentist, a registered or licensed practical nurse, a midwife, an
3optometrist, a pharmacist, a podiatrist, a chiropractor, a physical
4therapist, a respiratory care practitioner, an occupational therapist,
5a psychologist, a paramedic, an emergency medical technician, an
6advanced emergency medical technician, an athletic trainer, or a
7person who is an officer, employee, or agent of the individual,
8partnership, corporation, professional corporation, facility, or
9institution acting in the course and scope of the person's
10employment.
11(2) A college, university, or junior college that provides health
12care to a student, a faculty member, or an employee, and the
13governing board or a person who is an officer, employee, or agent
14of the college, university, or junior college acting in the course
15and scope of the person's employment.
16(3) A blood bank, community mental health center, community
17intellectual disability center, community health center, or migrant
18health center.
19(4) A home health agency (as defined in IC 16-27-1-2).
20(5) A health maintenance organization (as defined in
21IC 27-13-1-19).
22(6) A health care organization whose members, shareholders, or
23partners are health care providers under subdivision (1).
24(7) A corporation, partnership, or professional corporation not
25otherwise qualified under this subsection that:
26(A) provides health care as one (1) of the corporation's,
27partnership's, or professional corporation's functions;
28(B) is organized or registered under state law; and
29(C) is determined to be eligible for coverage as a health care
30provider under IC 34-18 for the corporation's, partnership's, or
31professional corporation's health care function.
32 Coverage for a health care provider qualified under this subdivision is
33 limited to the health care provider's health care functions and does not
34 extend to other causes of action.
35     (b) "Health care provider", for purposes of IC 16-35, has the
36 meaning set forth in subsection (a). However, for purposes of IC 16-35,
37 the term also includes a health facility (as defined in section 167 of this
38 chapter).
39     (c) "Health care provider", for purposes of IC 16-32-5, IC 16-36-5,
40 IC 16-36-6, and IC 16-41-10 means an individual licensed or
41 authorized by this state to provide health care or professional services
42 as:
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1(1) a licensed physician;
2(2) a registered nurse;
3(3) a licensed practical nurse;
4(4) an advanced practice registered nurse;
5(5) a certified nurse midwife;
6(6) a paramedic;
7(7) an emergency medical technician;
8(8) an advanced emergency medical technician;
9(9) an emergency medical responder, as defined by section 109.8
10of this chapter;
11(10) a licensed dentist;
12(11) a home health aide, as defined by section 174 of this chapter;
13or
14(12) a licensed physician assistant.
15 The term includes an individual who is an employee or agent of a
16 health care provider acting in the course and scope of the individual's
17 employment.
18     (d) "Health care provider", for purposes of IC 16-36-7, has the
19 meaning set forth in IC 16-36-7-12.
20     (e) "Health care provider", for purposes of IC 16-40-4, means any
21 of the following:
22(1) An individual, a partnership, a corporation, a professional
23corporation, a facility, or an institution licensed or authorized by
24the state to provide health care or professional services as a
25licensed physician, a psychiatric hospital, a hospital, a health
26facility, an emergency ambulance service (IC 16-31-3), an
27ambulatory outpatient surgical center, a dentist, an optometrist, a
28pharmacist, a podiatrist, a chiropractor, a psychologist, or a
29person who is an officer, employee, or agent of the individual,
30partnership, corporation, professional corporation, facility, or
31institution acting in the course and scope of the person's
32employment.
33(2) A blood bank, laboratory, community mental health center,
34community intellectual disability center, community health
35center, or migrant health center.
36(3) A home health agency (as defined in IC 16-27-1-2).
37(4) A health maintenance organization (as defined in
38IC 27-13-1-19).
39(5) A health care organization whose members, shareholders, or
40partners are health care providers under subdivision (1).
41(6) A corporation, partnership, or professional corporation not
42otherwise specified in this subsection that:
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1(A) provides health care as one (1) of the corporation's,
2partnership's, or professional corporation's functions;
3(B) is organized or registered under state law; and
4(C) is determined to be eligible for coverage as a health care
5provider under IC 34-18 for the corporation's, partnership's, or
6professional corporation's health care function.
7(7) A person that is designated to maintain the records of a person
8described in subdivisions (1) through (6).
9    (f) "Health care provider", for purposes of IC 16-45-4, has the
10 meaning set forth in 47 CFR 54.601(a).
11    (g) "Health care provider", for purposes of IC 16-51-2, has the
12 meaning set forth in IC 16-51-2-3.
13    SECTION 4. IC 16-18-2-244.7 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2026]: Sec. 244.7. "Necessary services", for
16 purposes of IC 16-51-2, has the meaning set forth in IC 16-51-2-4.
17    SECTION 5. IC 16-51-2 IS ADDED TO THE INDIANA CODE AS
18 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
19 1, 2026]:
20    Chapter 2. Health Care Debt: Duty to Provide Necessary
21 Services
22    Sec. 1. (a) As used in this chapter, "consumer" means an
23 individual whose principal residence is in Indiana.
24    (b) The term includes an individual described in subsection (a)
25 who is legally responsible for, or legally required or authorized to
26 act on behalf of, an individual who is:
27(1) less than eighteen (18) years of age; or
28(2) an incapacitated person (as defined in IC 29-3-1-7.5).
29    Sec. 2. (a) As used in this chapter, "health care debt" means an
30 obligation or an alleged obligation of a consumer to pay an amount
31 related to the receipt of health care services, products, or devices
32 provided by a health care provider to:
33(1) the consumer; or
34(2) an individual described in section 1(b)(1) or 1(b)(2) of this
35chapter with respect to whom the consumer is:
36(A) legally responsible; or
37(B) legally required or authorized to act.
38    (b) The term does not include debt charged to a credit card
39 unless the credit card is issued under:
40(1) an open-end plan; or
41(2) a closed-end plan;
42 offered specifically for the payment of health care services,
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1 products, or devices provided to an individual.
2    Sec. 3. As used in this chapter, "health care provider" means:
3      (1) a person listed in IC 16-39-7-1(a)(1) through
4      IC 16-39-7-1(a)(13); or
5      (2) a provider of ambulance services (as defined in
6      IC 16-18-2-13.4).
7    Sec. 4. As used in this chapter, "necessary services", with
8 respect to an individual, means services that are:
9      (1) provided by a health care provider to the individual; and
10      (2) necessary or appropriate to prevent or treat:
11(A) serious permanent disfigurement;
12(B) serious temporary disfigurement;
13(C) permanent or protracted loss or impairment of the
14function of a bodily part or organ;
15(D) loss of consciousness; or
16(E) death.
17    Sec. 5. A health care provider may not refuse to provide
18 necessary services to:
19      (1) a consumer; or
20      (2) an individual described in section 1(b)(1) or 1(b)(2) of this
21      chapter with respect to whom a consumer is:
22(A) legally responsible; or
23(B) legally required or authorized to act;
24 solely on the basis of health care debt owed or alleged to be owed
25 by the consumer to the health care provider for health care
26 services, products, or devices provided by the health care provider
27 to the consumer or the individual described in subdivision (2).
28    Sec. 6. A person that violates section 5 of this chapter commits
29 a deceptive act that is actionable under IC 24-5-0.5 only by the
30 attorney general under IC 24-5-0.5-4(c).
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