1. (a) A conference under section 11(b) of this chapter must result in a written memorandum of conference.

2. (b) The memorandum must include the following information for the disputes reviewed:

   1. (1) Identification of the disputes.
   2. (2) The initial paid claim amount made by the health carrier to the out of network provider.
   3. (3) The health carrier offer made during the applicable federal open negotiation period.
   4. (4) The out of network provider requested amount.
   5. (5) The qualifying payment amount, as determined under federal law.

3. (c) The memorandum is informational only and does not:

   1. (1) impose penalties, fees, or financial disincentives;
   2. (2) mandate payment outcomes;
   3. (3) affect eligibility for independent dispute resolution; or
   4. (4) alter claim level rights or remedies under federal or state law.
4. (d) The completed memorandum of conference shall be filed with the department. Claim specific payment information contained in the memorandum is confidential under IC 5-14-3-4 and is exempt from public access and disclosure under Indiana law.
5. (e) The department may not publish a memorandum that is filed under subsection (d). However, the department shall publish on the department's website information concerning the aggregate number of memorandums filed with the department.

As added by P.L.119-2026, SEC.1.