Indiana Code Title 34. Civil Law and Procedure § 34-18-5-4

Sec. 4. (a) The commissioner may adopt rules establishing the following:

(b) The surcharge calculation established under subsection (a) must provide comparability in rates for insured and self-insured hospitals.  This surcharge may not exceed the surcharge that would be charged by the residual authority if the health care provider electing to establish financial responsibility in this manner had applied to the residual authority for insurance.