Indiana is also the first — and only — state in the country to pass a law specifically banning Anthem’s controversial hospital penalty policy. A hospital can be fully contracted with Anthem while the anesthesiology group that works exclusively in that hospital is not. Anthem’s position: the hospital penalty policy is designed to pressure hospitals to use in-network providers, which would reduce IDR filings and their associated costs. Indiana’s Specific Reason to ActThe Indiana Hospital Association confirmed that Elevance/Anthem controls approximately 68 percent of Indiana’s commercial insurance market. Hospitals in both states now face the same structural problem Indiana hospitals faced before SB189 passed.