Sec. 17. (a) Section 11 of this chapter does not apply to access as described in section 11(a) of this chapter if granted by a contracting entity to:

(1) a dental carrier or other entity operating in accordance with the same brand licensee program as the contracting entity;

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Terms Used In Indiana Code 27-7-18-17

  • Contract: A legal written agreement that becomes binding when signed.
  • contracting entity: means a dental carrier, a third party administrator, or another person that enters into a provider network contract with providers for the delivery of dental services in the ordinary course of business. See Indiana Code 27-7-18-1
  • dental carrier: means any of the following:

    Indiana Code 27-7-18-3

  • dental plan: means any of the following:

    Indiana Code 27-7-18-4

  • provider: means :

    Indiana Code 27-7-18-8

  • third party: means a person that enters into a contract with a contracting entity or another third party to gain access to:

    Indiana Code 27-7-18-10

(2) an entity that is an affiliate of the contracting entity; or

(3) a third party if the contracting entity is a dental carrier that retains responsibility for administering the dental plan in accordance with its applicable provider network contracts, including all fee schedules and processing policies.

     (b) For the purposes of this section, a contracting entity shall make a list of the contracting entity’s affiliates available to providers on the contracting entity’s website.

     (c) Section 11 of this chapter does not apply to a provider network contract for dental services provided to beneficiaries of health programs established or maintained by local, state, or federal government, such as:

(1) Medicaid established under Title XIX of the federal Social Security Act (42 U.S.C. § 1396 et seq.);

(2) the children’s health insurance program established under Title XXI of the federal Social Security Act (42 U.S.C. §§ 1397aa1397mm); or

(3) Medicare Advantage.

As added by P.L.17-2024, SEC.19.