§ 24-12-4-2 — Required CPAP notice

(a) Except as provided in subsection (c), in a
civil proceeding in which a consumer claimant is a party, the consumer
claimant or the consumer claimant's attorney shall provide to:
(1) each of the other parties in the civil proceeding; and
(2) each insurer that has a duty to defend another party in the civil
proceeding;
written notice that the consumer claimant has entered into a CPAP
contract with a CPAP provider.
(b) A consumer claimant or the consumer claimant's attorney shall
provide the written notice required by subsection (a) within a
reasonable time after the date on which the consumer claimant and the
CPAP provider enter into the CPAP contract, regardless of whether any
other party in the civil proceeding is aware of the existence of or seeks
information about the CPAP contract.
(c) Subsection (a) does not apply if the court in which the civil
proceeding is filed issues an order excusing the consumer claimant
from the duty to provide the written notice required by subsection (a).
(d) In a civil proceeding in which a consumer claimant is a party,
the existence and contents of the CPAP contract are subject to
discovery under the Indiana Rules of Trial Procedure by:
(1) a party other than the consumer claimant; or
(2) an insurer that has a duty to defend another party in the civil
proceeding.
(e) The written notice provided under subsection (a) is not
admissible as evidence in a court proceeding.

Legislative History

As added by P.L.63-2023, SEC.1.