Gov. Mike Braun signs executive orders in the Governor’s Office, in front of advocates involved in the orders’ development, on Wednesday, Jan. 22, 2025. (Leslie Bonilla Muñiz/Indiana Capital Chronicle)
Indiana Gov. Mike Braun on Thursday waded into a legal fight over the release of abortion records while signing a health-focused tranche of executive orders.
“All I’m trying to do is just make sure that our laws are enforced according to what the Legislature put out there,” he told reporters during a news conference.
Indiana’s abortion ban allows the procedures in limited circumstances: if there is a fatal fetal anomaly, if the pregnancy is a result of rape or incest, and if the pregnancy risks the mother’s health or her life.
Braun’s order directs state agencies to ensure that Indiana’s abortion laws are “fully and faithfully executed,” including for terminated pregnancy report submission. Health care providers already must fill out the forms for every abortion performed and submit them to the Indiana Department of Health.
IDOH aggregates data from the records and releases it quarterly. But the agency and an anti-abortion group — backed by Indiana Attorney General Todd Rokita — are entangled in an ongoing legal battle over the release of individual forms. The Indiana Department of Health fears individual release would compromise patient privacy because so few abortions are being performed, while the anti-abortion advocates seeks greater accountability of the doctors involved.
Informed of that lawsuit, Braun replied, “So, on the technicality of how that works out, I’m going to let the attorney general pursue what he’s doing. I’m interested in just making sure that we enforce the law.”
A trial judge sided with the Indiana Department of Health and dismissed the lawsuit seeking public release of the individual filings. That case is now being appealed.
The order also directs agencies to “fully cooperate” with Rokita’s office in the “investigation and enforcement” of abortion laws. IDOH is specifically directed to evaluate how the agency has historically enforced such laws, identify any changes needed to comply with the order and report findings to Braun by July.
Asked if his order would require IDOH to release individual records, Braun said, “I’m going to let them work that out. What they’re doing to me is okay because it’s in the spirit of trying to make our law enforced.”
Indiana Right to Life President and Chief Executive Officer Mike Fichter issued a statement lauding the move even if it was unclear.
“Governor Braun’s action today ensures Indiana’s abortion law will be enforced under his administration. In directing the Indiana Department of Health to ensure compliance with pro-life laws, including reporting laws, abortion providers are on notice that there is no tolerance in Indiana for illegal abortions, or acts leading to the injury or deaths of women. We are thankful for Governor Braun’s swift and decisive move in support of Indiana’s law that has ended 98% of abortions in our state.”
Democrats pushed back, with House Minority Leader Phil GiaQuinta calling the order “cruel and unbefitting of our state” in a news release. He said it would harm women already dealing with problems qualifying them for abortions: fatal fetal anomalies, rape, incest or serious health problems.
Emphasis on pricing
Braun signed several executive orders dealing with price transparency in health care.
One directs agencies to review related policies and procedures, assess whether existing transparency measures are “sufficient” and identify “opportunities for increased clarity and accessibility.” They should also adopt and implement measures that “enhance” transparency.
Health and Family Services Secretary Gloria Sachdev, IDOH and the Indiana Department of Insurance must also ensure health care providers and insurers are complying with state and federal price transparency requirements, and make recommendations on how to penalize entities who don’t comply.
A related order tasks IDOI with evaluating safeguards against surprise medical bills and reviewing “potentially harmful practices” of pharmacy benefit managers. It requires that the Indiana Family and Social Services Administration assess ways to lower prescription drug prices and make recommendations to implement them, plus develop performance metrics for quality of care and patient outcomes.
A third pricing-related order has IDOH and Sachdev examine use of 340B, a drug-pricing program.
Other actions
Another order requires a state report evaluating whether nonprofit hospitals are providing more in charity care to impoverished patients than they get in tax breaks for their nonprofit status. Those that don’t make the annual verification won’t get state tax breaks.
Braun also took on Medicaid waste, fraud and abuse.
That order requires FSSA to get an independent audit of Medicaid Managed Care Entities, use the audit results to update its policies and take aim at pharmacy middlemen. The Indiana State Personnel Department must also audit third-party administrators of the State Employee Health Plan and similarly implement cost-efficient pharmacy benefit services.
He also focused on the Affordable Care Act.
The order criticizes how it puts all health care coverage applicants — regardless of risk factors that determine coverage cost — in the same group. Braun directed IDOI to make “all changes necessary” so insurers can offer split risk pools: one for enrollees in plans on the exchange and one for non-exchange enrollees.
Other actions create a health data dashboard and encourage inter-agency information-sharing.
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