reglab/housing_qa huggingface dataset:
IN Code § 16-39-2-5 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 2. Release of Mental Health Records to Patient and Authorized Persons|16-39-2-5. Access to Patient's Designee or Legal Representative; Written Request

Sec. 5. (a) This section applies to private and public treating providers.(b) Upon a patient’s written request and reasonable notice, a patient's mental health record shall be made available for inspection and copying by the provider at any time to an individual or organization designated by the patient or to the patient's legal representative.(c) A patient’s written request for the release of the patient’s mental health record under this section must include the following:(1) The name of the patient.(2) The name of the person requested to release the patient’s mental health record.(3) The name of the person, provider, or organization to whom the patient’s mental health record is to be released.(4) The purpose of the release.(5) A description of the information to be released from the mental health record.(6) The signature of the patient.(7) The date the request is signed.(8) A statement that the patient's consent to release of mental health records is subject to revocation at any time, except to the extent that action has been taken in reliance on the patient's consent.(9) The date, event, or condition on which the patient's consent to release of mental health records will expire if not previously revoked.(d) Unless otherwise specified in a written request under this section, a request for release of records is valid for one hundred eighty (180) days after the date the request is made.(e) A request for release of records under this section may be revoked by the patient at any time, except to the extent that action has been taken in reliance on the consent.(f) Mental health records requested by the patient to be released under this section may be released by the provider receiving the request, regardless of whether the patient is still receiving services from the provider.[Pre-1993 Recodification Citation: 16-4-8-3.1(e).]As added by P.L.2-1993, SEC.22. Amended by P.L.4-1997, SEC.5.
IN Code § 16-39-2-5.5 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 2. Release of Mental Health Records to Patient and Authorized Persons|16-39-2-5.5. Provider Requirements; Individualized Mental Health Safety Plans

Sec. 5.5. (a) Each psychiatric crisis center, psychiatric inpatient unit, and psychiatric residential treatment provider shall do the following:(1) Collaboratively develop an individualized mental health safety plan with each patient.(2) Explain the benefits of coordinating care and sharing individualized mental health safety plans with mental health providers in the community that can help with the patient's safe transition back into the community.(3) Make a good faith effort before a patient leaves the facility at which the patient is receiving care to obtain the patient's consent to disclose the patient's individualized mental health safety plan with mental health providers, integrated school based mental health providers, mobile integrated healthcare programs (as described in IC 16-31-12), and mental health community paramedicine programs that will be supporting the patient's safe transition back into the community and, if applicable, school.(b) Upon disclosure of the patient's individualized mental health safety plan described in subsection (a), a mobile integrated healthcare program (as described in IC 16-31-12) or a mental health community paramedicine program may do the following:(1) Help facilitate services that are determined to be necessary for a patient.(2) Coordinate, cooperate, and communicate with other licensed mental health professionals, health care professionals, and service providers in the community to implement or continue the individualized mental health safety plan.(3) Monitor the services to determine the effectiveness of the services.(4) Adapt the patient's mental health safety plan as needed for the patient's welfare and safety.As added by P.L.225-2019, SEC.2. Amended by P.L.126-2021, SEC.2.
IN Code § 16-39-2-7 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 2. Release of Mental Health Records to Patient and Authorized Persons|16-39-2-7. Discovery or Admissibility Without Patient's Consent

Sec. 7. Except as provided in section 8 of this chapter, the mental health record is not discoverable or admissible in any legal proceeding without the consent of the patient.[Pre-1993 Recodification Citation: 16-4-8-3.1(g).]As added by P.L.2-1993, SEC.22.
IN Code § 16-39-2-8 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 2. Release of Mental Health Records to Patient and Authorized Persons|16-39-2-8. Court Ordered Release of Mental Health Records; Provider Provision of Records

Sec. 8. (a) The court may order the release of the patient's mental health record without the patient's consent upon the showing of good cause following a hearing under IC 16-39-3 or in a proceeding under IC 31-30 through IC 31-40 following a hearing held under the Indiana Rules of Trial Procedure.(b) A provider shall, upon the request of a court that has committed a patient under IC 12-26-7, IC 12-26-8, IC 35-36-2-4, or IC 35-36-3, release to the court any information from the patient's mental health record that is required by the Federal Bureau of Investigation for transmission to NICS (as defined in IC 35-47-2.5-2.5) in accordance with IC 33-24-6-3.[Pre-1993 Recodification Citation: 16-4-8-3.1(h).]As added by P.L.2-1993, SEC.22. Amended by P.L.1-1997, SEC.96; P.L.131-2014, SEC.7.
IN Code § 16-39-2-9 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 2. Release of Mental Health Records to Patient and Authorized Persons|16-39-2-9. Exercise of Patient's Rights by Others; Equal Access to Records; Fees

Sec. 9. (a) For the purposes of this chapter, the following persons are entitled to exercise the patient's rights on the patient's behalf:(1) If the patient is a minor, the parent, guardian, or other court appointed representative of the patient.(2) If the provider determines that the patient is incapable of giving or withholding consent, the patient's guardian, a court appointed representative of the patient, a person possessing a health care power of attorney under IC 30-5-5-16 for the patient, or the patient's health care representative under IC 16-36-1-7 or IC 16-36-7.(b) A custodial parent and a noncustodial parent of a child have equal access to the child's mental health records unless:(1) a court has issued an order that limits the noncustodial parent's access to the child's mental health records; and(2) the provider has received a copy of the court order or has actual knowledge of the court order.If the provider incurs an additional expense by allowing a parent equal access to a child's mental health records, the provider may require the parent requesting the equal access to pay a fee under IC 16-39-9 to cover the cost of the additional expense.[Pre-1993 Recodification Citation: 16-4-8-3.1(i).]As added by P.L.2-1993, SEC.22. Amended by P.L.4-1997, SEC.7; P.L.50-2021, SEC.64.
IN Code § 16-39-2-10 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 2. Release of Mental Health Records to Patient and Authorized Persons|16-39-2-10. Decedents' Records; Consent to Release

Sec. 10. For the purposes of this chapter, consent to the release of a deceased patient's record may be given by the personal representative of the patient's estate. If there is no appointment of a personal representative, consent may be given by:(1) the patient's spouse; or(2) if there is no spouse, any responsible member of the patient's family, including a parent, guardian, or custodian of the deceased patient’s minor child.[Pre-1993 Recodification Citation: 16-4-8-3.1(j).]As added by P.L.2-1993, SEC.22. Amended by P.L.4-1997, SEC.8.
IN Code § 16-39-2-11 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 2. Release of Mental Health Records to Patient and Authorized Persons|16-39-2-11. Copying Fees

Sec. 11. IC 16-39-9 governs the fees that may be charged for making and providing copies of records under this chapter.[Pre-1993 Recodification Citation: 16-4-8-3.1(k).]As added by P.L.2-1993, SEC.22. Amended by P.L.102-1994, SEC.3.
IN Code § 16-39-2-12 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 2. Release of Mental Health Records to Patient and Authorized Persons|16-39-2-12. Application to Other Mental Health Records Laws

Sec. 12. This chapter does not prohibit the application to mental health records of any law concerning health records that is not addressed by this chapter.As added by P.L.4-1997, SEC.9.
IN Code § 16-39-3-1 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 3. Release of Mental Health Records in Investigations and Legal Proceedings|16-39-3-1. Application of Chapter

Sec. 1. This chapter applies only to mental health records.[Pre-1993 Recodification Citation: 16-4-8-3.2(a).]As added by P.L.2-1993, SEC.22.
IN Code § 16-39-3-3 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 3. Release of Mental Health Records in Investigations and Legal Proceedings|16-39-3-3. Petition for Release of Patient's Records

Sec. 3. A person:(1) seeking access to a patient's mental health record without the patient's written consent in an investigation or prosecution resulting from a report filed under IC 16-39-2-6(a)(10); or(2) who has filed or is a party to a legal proceeding and who seeks access to a patient's mental health record without the patient's written consent;may file a petition in a circuit or superior court requesting a release of the patient's mental health record.[Pre-1993 Recodification Citation: 16-4-8-3.2(c).]As added by P.L.2-1993, SEC.22. Amended by P.L.108-1996, SEC.5; P.L.156-2020, SEC.70.
IN Code § 16-39-3-4 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 3. Release of Mental Health Records in Investigations and Legal Proceedings|16-39-3-4. Notice of Hearing

Sec. 4. Except as provided in section 8 of this chapter, notice of a hearing to be conducted under this chapter shall be served at least fifteen (15) days in advance on the following:(1) The patient.(2) The guardian, guardian ad litem or court appointed special advocate appointed for a minor, parent, or custodian of a patient who is incompetent.(3) The provider that maintains the record or the attorney general if the provider is a state institution.[Pre-1993 Recodification Citation: 16-4-8-3.2(d).]As added by P.L.2-1993, SEC.22.
IN Code § 16-39-3-5 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 3. Release of Mental Health Records in Investigations and Legal Proceedings|16-39-3-5. Right to Counsel

Sec. 5. If a patient has an attorney, the patient has the right to have an attorney present at a hearing conducted under this chapter. The notice served under section 4 of this chapter must state the patient's right to have an attorney present if the patient has an attorney. If the patient is under an inpatient commitment to a mental health facility at the time a petition under section 3 of this chapter is filed and the patient is unable to afford an attorney, the court shall appoint an attorney for the patient.[Pre-1993 Recodification Citation: 16-4-8-3.2(e).]As added by P.L.2-1993, SEC.22.
IN Code § 16-39-3-6 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 3. Release of Mental Health Records in Investigations and Legal Proceedings|16-39-3-6. Confidential Hearing Record

Sec. 6. A hearing under this chapter shall be conducted in a manner that preserves the confidentiality of the record of the hearing.[Pre-1993 Recodification Citation: 16-4-8-3.2(f).]As added by P.L.2-1993, SEC.22.
IN Code § 16-39-3-7 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 3. Release of Mental Health Records in Investigations and Legal Proceedings|16-39-3-7. Release of Records; Necessary Findings

Sec. 7. At the conclusion of the hearing, the court may order the release of the patient's mental health record if the court finds by a preponderance of the evidence that:(1) other reasonable methods of obtaining the information are not available or would not be effective; and(2) the need for disclosure outweighs the potential harm to the patient. In weighing the potential harm to the patient, the court shall consider the impact of disclosure on the provider-patient privilege and the patient's rehabilitative process.[Pre-1993 Recodification Citation: 16-4-8-3.2(g).]As added by P.L.2-1993, SEC.22.
IN Code § 16-39-3-8 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 3. Release of Mental Health Records in Investigations and Legal Proceedings|16-39-3-8. Child in Need of Services; Petition for Emergency Hearing on Request for Records of Parent, Guardian, or Custodian

Sec. 8. If an emergency exists in which a child is alleged to be a child in need of services under IC 31-34-1 and the department of child services seeks access to the mental health records of the parent, guardian, or custodian of the child as a part of a preliminary inquiry under IC 31-34-7, the department of child services may file a verified petition, which sets forth the facts the department of child services alleges constitute an emergency, seeking an emergency hearing under this section. A request for access to a patient's mental health record under this section shall be heard by the juvenile court having jurisdiction under IC 31-30 through IC 31-40. Notice of a hearing to be conducted under this section shall be served not later than twenty-four (24) hours before the hearing to all persons entitled to receive notice under section 4 of this chapter. If actual notice cannot be given, the department of child services shall file with the court an affidavit stating that verbal notice or written notice left at the last known address of the respondent was attempted not less than twenty-four (24) hours before the hearing. A hearing under this section shall be held not later than forty-eight (48) hours after the petition for an emergency hearing is filed. The juvenile court shall enter written findings concerning the release or denial of the release of the mental health records of the parent, guardian, or custodian. The juvenile court shall order the release of the mental health records if the court finds the following by a preponderance of the evidence:(1) Other reasonable methods of obtaining the information sought are not available or would not be effective.(2) The need for disclosure in the best interests of the child outweighs the potential harm to the patient caused by a necessary disclosure. In weighing the potential harm to the patient, the juvenile court shall consider the impact of disclosure on the provider-patient relationship and the patient's rehabilitative process.[Pre-1993 Recodification Citation: 16-4-8-3.2(h).]As added by P.L.2-1993, SEC.22. Amended by P.L.4-1993, SEC.245; P.L.5-1993, SEC.258; P.L.1-1997, SEC.97; P.L.146-2008, SEC.448.
IN Code § 16-39-3-9 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 3. Release of Mental Health Records in Investigations and Legal Proceedings|16-39-3-9. Court Order Authorizing Release of Records; Requisites

Sec. 9. A court order authorizing release of a patient's mental health record under this chapter must do the following:(1) Limit disclosure to those parts of the patient's record that are essential to fulfill the objective of the order.(2) Limit disclosure to those persons whose need for information is the basis of the order.(3) Include other measures necessary to limit disclosure for the protection of the patient, the provider-patient privilege, and the rehabilitative process.[Pre-1993 Recodification Citation: 16-4-8-3.2(i).]As added by P.L.2-1993, SEC.22.
IN Code § 16-39-3-10 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 3. Release of Mental Health Records in Investigations and Legal Proceedings|16-39-3-10. Admission of Record or Related Testimony in Evidence; Confidentiality

Sec. 10. If a patient's mental health record or testimony related to a patient's mental health is offered or admitted into evidence in a legal proceeding, the court shall maintain the record or transcript of the testimony as a confidential court record. The record or transcript may not be used in any other proceeding or for any other purpose.[Pre-1993 Recodification Citation: 16-4-8-3.2(j).]As added by P.L.2-1993, SEC.22.
IN Code § 16-39-3-11 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 3. Release of Mental Health Records in Investigations and Legal Proceedings|16-39-3-11. Proceedings Under Ic 31-6; Exception

Sec. 11. Except as provided in section 8 of this chapter:(1) this chapter;(2) the hearing process described in this chapter; and(3) the standards described in this chapter;do not apply to proceedings under IC 31-30 through IC 31-40. A proceeding for access to a patient's mental health records under IC 31-30 through IC 31-40 is subject to the Indiana Rules of Trial Procedure.[Pre-1993 Recodification Citation: 16-4-8-3.2(k).]As added by P.L.2-1993, SEC.22. Amended by P.L.1-1997, SEC.98.
IN Code § 16-39-3-12 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 3. Release of Mental Health Records in Investigations and Legal Proceedings|16-39-3-12. Copying Fees

Sec. 12. IC 16-39-9 governs the fees that may be charged for making and providing copies of records under this chapter.As added by P.L.102-1994, SEC.4.
IN Code § 16-39-3-13 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 3. Release of Mental Health Records in Investigations and Legal Proceedings|16-39-3-13. Application to Other Mental Health Records Laws

Sec. 13. This chapter does not prohibit the application to mental health records of any law concerning health records that is not addressed by this chapter.As added by P.L.4-1997, SEC.10.
IN Code § 16-39-4-1 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 4. Provision of Mental Health Information|16-39-4-1. Application of Chapter

Sec. 1. This chapter applies only to patients receiving mental health services.[Pre-1993 Recodification Citation: 16-4-8-3.3(a).]As added by P.L.2-1993, SEC.22.
IN Code § 16-39-4-2 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 4. Provision of Mental Health Information|16-39-4-2. "Primary Caregiver"; Written Request From Relative or Guardian for Information; Provision of Mental Health Records to a School

Sec. 2. (a) As used in this section, "primary caregiver" means an individual who provides for the physical, emotional, and social needs of another individual who cannot provide for the other individual's own needs.(b) Upon the written request of a patient's:(1) spouse;(2) parent if:(A) the patient does not have a spouse; or(B) the parent is the primary caregiver to the patient;(3) adult child if the patient has neither a spouse nor a parent;(4) sibling if the patient has neither a spouse, a parent, nor an adult child; or(5) guardian, guardian ad litem, or court appointed special guardian;who is involved in the planning, provision, and monitoring of mental health services delivered to the patient and the written consent of the treating physician for the patient, the provider shall provide the individual described in subdivision (1), (2), (3), (4), or (5) with the information described in section 3 of this chapter.(c) Upon the written request of the parent, guardian, or court appointed special guardian who is involved in the planning, provision, and monitoring of the mental health of a child enrolled in a school, the provider shall provide the child's school principal or school leader with information described in section 3 of this chapter without charge.(d) A parent, guardian, guardian ad litem, or court appointed special guardian who prepares a written request under this section shall sign an authorization for the release of mental health records, as may be requested by the provider in satisfaction of any requirements under the federal Health Insurance Portability and Accountability Act (42 U.S.C. 201 et seq., as amended and including governing regulations) and state law. A provider that discloses information and records to a school principal or school leader as requested under this chapter is immune from civil, criminal, and administrative liability for the disclosure to the school principal or school leader. The authorization required by the provider may confirm the provider's immunity.[Pre-1993 Recodification Citation: 16-4-8-3.3(b).]As added by P.L.2-1993, SEC.22. Amended by P.L.189-1995, SEC.2; P.L.41-2014, SEC.1.
IN Code § 16-39-4-3 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 4. Provision of Mental Health Information|16-39-4-3. Summary Response From Provider; Limitation for Mental Health Information to School; Requirement of Confidentiality Agreement; Immunity

Sec. 3. (a) If a provider has received a written request under section 2(b) of this chapter, the provider shall provide the following information to the individual who made the request or, if the request is made under section 2(c) of this chapter, the patient's school principal or school leader:(1) A summary of the patient's diagnosis.(2) A summary of the information required to be given to the patient under IC 12-27-6-2 and IC 12-27-6-3.(3) The types of medication that have been prescribed for the patient.(4) A summary of the patient's prognosis.If the information is provided after a request is made under section 2(c) of this chapter, the provider shall limit the information provided to information concerning the patient's mental health. The school principal or school leader shall keep the information the principal or school leader receives under this section confidential.(b) A school principal or school leader who receives information and mental health records under this chapter shall sign a confidentiality agreement prescribed by the provider confirming that the information and mental health records released by the provider may not be disclosed by the principal except to the minimum necessary extent required to:(1) inform necessary school staff of the principal's or school leader's decision regarding the student's fitness for school attendance and participation in services; or(2) satisfy duties imposed upon the principal or school leader by law.(c) A school principal or school leader who receives information and mental health records under this chapter is immune from civil, criminal, and administrative liability for disclosures made pursuant to this chapter.[Pre-1993 Recodification Citation: 16-4-8-3.3(c).]As added by P.L.2-1993, SEC.22. Amended by P.L.41-2014, SEC.2.
IN Code § 16-39-4-4 (2021)
2021 Indiana Code|Title 16. Health|Article 39. Health Records|Chapter 4. Provision of Mental Health Information|16-39-4-4. Copying Fees

Sec. 4. IC 16-39-9 governs the fees that may be charged for making and providing copies of records under this chapter.[Pre-1993 Recodification Citation: 16-4-8-3.3(d).]As added by P.L.2-1993, SEC.22. Amended by P.L.102-1994, SEC.5.