HB 1604 Indiana House · 2025 Regular Session

Cost sharing; out-of-pocket expense credit.

Summary
Requires an insurer, an administrator, and a pharmacy benefit manager to apply the annual limitation on cost sharing set forth in the federal Patient Protection and Affordable Care Act under 42 U.S.C. 18022(c)(1) to prescription drugs that: (1) are covered under a health plan; (2) are life-saving or intended to manage chronic pain; and (3) do not have an approved generic version. Provides that an insurer, an administrator, and a pharmacy benefit manager may not directly or indirectly set, alter, implement, or condition the terms of health insurance coverage based in part or entirely on information about the availability or amount of financial or product assistance available for a prescription drug. Requires, before December 31 of each year, each insurer and administrator to certify to the insurance commissioner that the insurer or administrator has fully and completely complied with the cost sharing requirements during the previous calendar year. Requires a health plan to credit toward a covered individual's deductible and annual maximum out-of-pocket expenses any amount the covered individual pays directly to any health care provider for a medically necessary covered health care service if a claim for the health care service is not submitted to the health plan and the amount paid by the covered individual to the health care provider is less than the average discounted rate for the health care service paid to a health care provider in the health plan's network. Requires a health plan to: (1) establish a procedure by which a covered individual may claim a credit; and (2) identify documentation necessary to support a claim for a credit.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Apr 2025
House Passage
Apr 2025
Senate Passage
Apr 2025
Signed into Law
May 2025
Introduced Jan 21, 2025 Signed May 6, 2025
Maddy AI version diff · 3 comparisons

What changed between versions

House Bill (S) House Bill (H) · 5 edits
MODERATE
The bill was significantly rewritten to expand its scope from a general out-of-pocket expense credit to a specific mandate requiring insurers and pharmacy benefit managers to apply federal cost-sharing limitations to certain prescription drugs. The legislation now includes provisions prohibiting discrimination based on financial assistance availability and adds certification requirements for compliance.
Scope change
The bill's scope expanded from applying only to 'health plans' to explicitly including insurers, administrators, and pharmacy benefit managers, with specific focus on prescription drugs that are life-saving, manage chronic pain, or lack generic alternatives.
SCOPE

Expanded applicability from general health plans to specifically include insurers, administrators, and pharmacy benefit managers.

REQUIREMENT

Added prohibition against setting insurance terms based on financial assistance availability for prescription drugs.

Added requirement for insurers and administrators to annually certify compliance with cost-sharing requirements to the insurance commissioner.

TIMELINE

Changed effective date from July 1, 2025 to January 1, 2026.

DEFINITION

Added new definitions for 'cost sharing' and expanded definition of 'health plan' to include various prescription drug payment programs.

Floor votes · Senate Mar 25, 2025 · House Feb 17, 2025

How they voted

443
Passed · 3 other
Total votes 50
Mar 25, 2025
D Democratic10
8 Yea 2
80% Yea
R Republican40
36 Yea 3 Nay 1
90% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
36
Key actions
10
Committee
4
Amendments
1
May 6, 2025
Signed into law
Signed by the Governor
executive
Apr 29, 2025
Upper · Passed
Signed by the President of the Senate
upper
Apr 24, 2025
Upper · Passed
Signed by the President Pro Tempore
upper
Apr 23, 2025
Upper · Passed
Conference Committee Report 1: adopted by the Senate; Roll Call 493: yeas 45, nays 2
upper
Apr 23, 2025
Lower · Passed
Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 521: yeas 91, nays 0
lower
Apr 23, 2025
Lower · Passed
Signed by the Speaker
lower
Apr 15, 2025
Introduced
House dissented from Senate amendments
lower
Mar 25, 2025
Upper · Passed
Third reading: passed; Roll Call 293: yeas 44, nays 3
upper
Mar 20, 2025
Upper · Passed
Committee report: amend do pass, adopted
upper
Feb 17, 2025
Lower · Passed
Third reading: passed; Roll Call 187: yeas 95, nays 0
lower
Feb 11, 2025
Lower · Passed
Committee report: amend do pass, adopted
lower
4 primary · 10 co-sponsors

Sponsors