Indiana Senate Enrolled Act 505 (“SEA 505”), recently signed into law, introduces notable changes to the state’s Emergency Medical Services (“EMS”) framework. Effective July 1, 2025, EMS professionals (including paramedics, EMTs, advanced EMTs and emergency medical responders) will be authorized to transport patients to a broader range of care settings beyond traditional hospitals. This new law also provides clear legal protections for providers acting in good faith when determining patient transport needs.
Expanded Transport Options to Meet Patient Needs
Current law allows EMS personnel to transport individuals to hospitals or health care facilities. SEA 505 expands EMS’s options and allows EMS professionals to also transport patients to mental health facilities and urgent care facilities.
The EMS driver will triage the patient and decide which facility is appropriate based on the needs of the patient and pre-existing written agreements between the EMS provider (or their employer) and receiving facilities. Ind. Code § 16-31-4.5. Behavioral health institutions should consider whether to enter into this type of arrangement with local EMS providers. Any such agreement must include the facility’s hours of operation, patient suitability criteria and procedures for redirecting transport or handling patient refusals. Ind. Code § 16-31-4.5-2(a). It must also be in place prior to the patient transport at issue. SEA 505 also amends Ind. Code § 16-31-4.5-3 to allow EMS providers to be reimbursed for transportation to these non-hospital destinations.
New Legal Protections for EMS Decision-Making
SEA 505 also amends Indiana’s liability protections for EMS professionals. Ind. Code § 16-31-6-1. Specifically, EMS providers will not be held liable for transporting a person to one of the authorized alternative facilities if the provider, acting in good faith, determines that (1) the patient or their caregiver lacks capacity to make an informed decision and (2) the patient is at risk of serious harm without treatment.
This protection applies as long as the action does not rise to gross negligence or willful misconduct.
Practical Takeaways
- Starting July 1, 2025, EMS professionals in Indiana will be able to transport patients to mental health and urgent care facilities under a written agreement.
- EMS agencies must coordinate in advance with receiving facilities to establish transport protocols and determine appropriate care destinations.
- EMS providers are eligible for reimbursement for these expanded transport services.
- Providers who act in good faith to transport individuals who lack capacity to mental health and urgent care facilities are granted broad protections.
If you have questions or would like more information about this topic, please contact:
- Ryan McDonald at (317) 429-3671 or rmcdonald@hallrender.com;
- Kathryn Daggett at (317) 977-1415 or kdaggett@hallrender.com; or
- Your primary Hall Render contact.
Hall Render blog posts and articles are intended for informational purposes only. For ethical reasons, Hall Render attorneys cannot give legal advice outside of an attorney-client relationship.
