Indiana § 27-1-36-56 - Excess capital

§ 27-1-36-56. Excess capital

Sec. 56. (a) An excess of capital over the amount produced by the:

(1) risk based capital requirements contained in this chapter; and

(2) formulas, schedules, and instructions referred to in this chapter;

is desirable in the business of insurance. Therefore, insurers should seek to maintain capital above the RBC levels required by this chapter.

(b) Additional capital is used and useful in the insurance business and helps to secure an insurer against various risks that are:

(1) inherent in or affecting the business of insurance; and

(2) not accounted for or only partially measured by the risk based capital requirements contained in this chapter.

As added by P.L.186-1996, SEC.1.

IC 27-1-36.8Chapter 36.8. Hospital Health Care Provider Contracts

27-1-36.8-1Applicability 27-1-36.8-2"Health carrier" 27-1-36.8-3"Hospital" 27-1-36.8-4"Hospital health care provider contract" 27-1-36.8-5Prohibition on contract provisions

IC 27-1-36.8-1Applicability Sec. 1. This chapter applies to a hospital health care provider contract entered into, amended, or renewed after June 30, 2025.

As added by P.L.216-2025, SEC.43.

IC 27-1-36.8-2"Health carrier" Sec. 2. (a) As used in this chapter, "health carrier" means an entity that enters into a contract to:

(1) provide health care services;

(2) deliver health care services;

(3) arrange for health care services; or

(4) pay for or reimburse any of the cost of health care services.

(b) The term includes the following:

(1) An employee welfare benefit plan (as defined in 29 U.S.C. 1002 et seq.).

(2) A policy of accident and sickness insurance (as defined in IC 27-8-5-1(a)).

(3) An individual contract (as defined in IC 27-13-1-21) or a group contract (as defined in IC 27-13-1-16) with a health maintenance organization.

(4) A multiple employer welfare arrangement (as defined in IC 27-1-34-1).

(5) An employee benefit plan that is subject to the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.), including any third party administrator or an employee benefit plan.

(6) An administrator (as defined in IC 27-1-25-1(a)) that is licensed under IC 27-1-25.

As added by P.L.216-2025, SEC.43.

IC 27-1-36.8-3"Hospital" Sec. 3. As used in this chapter, "hospital" means a hospital licensed under IC 16-21.

As added by P.L.216-2025, SEC.43.

IC 27-1-36.8-4"Hospital health care provider contract" Sec. 4. As used in this chapter, "hospital health care provider contract" means an agreement between a hospital and a health carrier concerning terms and conditions of reimbursement for health care services provided to an individual under any of the following:

(1) An employee welfare benefit plan (as defined in 29 U.S.C. 1002 et seq.).

(2) A policy of accident and sickness insurance (as defined in IC 27-8-5-1(a)).

(3) An individual contract (as defined in IC 27-13-1-21) or a group contract (as defined in IC 27-13-1-16) with a health maintenance organization.

(4) A multiple employer welfare arrangement (as defined in IC 27-1-34-1).

(5) An employee benefit plan that is subject to the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.), including any third party administrator or an employee benefit plan.

As added by P.L.216-2025, SEC.43.

IC 27-1-36.8-5Prohibition on contract provisions Sec. 5. A hospital may not enter into a hospital health care provider contract that includes a provision that links to or negotiates reimbursement or terms under a separate:

(1) hospital health care provider contract; or

(2) product.

As added by P.L.216-2025, SEC.43.

IC 27-1-37Chapter 37. Health Provider Contracts

27-1-37-0.1"Administrative denial" 27-1-37-0.2"Affiliate" defined 27-1-37-1"Emergency" defined 27-1-37-1.5"Health carrier" defined 27-1-37-2"Health maintenance organization" defined 27-1-37-3"Health provider contract" defined 27-1-37-3.2"Health provider facility" defined 27-1-37-3.5"Hospital system" defined 27-1-37-4"Person" defined 27-1-37-5"Provider" defined 27-1-37-6Requiring provider to provide health care services 27-1-37-6.5"Health plan"; study on commercial physician reimbursement rate requirement; report 27-1-37-7Applicability; prohibition on preventing disclosure of health care service claims data; violation an unfair or deceptive act 27-1-37-7.5Required disclosures 27-1-37-8Prohibited contract provisions; severable and void; investigative demand by attorney general 27-1-37-9Notice of termination of health provider contract 27-1-37-10Void and unenforceable contract provisions 27-1-37-11Network adequacy standards