reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 4. Provision of Mental Health Information › 16-39-4-5. Information Subject to Disclosure; Exempt Institutions; Failure of Patient to Authorize Release of Information

Sec. 5. (a) This section does not apply to the following:
(1) An institution licensed under IC 12-25.
(2) A hospital licensed under IC 16-21.
(3) A treatment facility certified under IC 12-23-1-6.
(4) A state institution listed under IC 12-24-1.
(b) This section applies only to a patient's mental health records.
(c) A patient, or the patient's legal representative if the patient is incompetent, who consents in writing to the release of information to an insurer that has issued a policy of accident and sickness insurance (as defined in IC 27-8-5-1) covering the patient, authorizes the provider to disclose the following information to the insurer:
(1) The patient's name and the policy or contract number.
(2) The date the patient was admitted to a treatment facility or the date the patient began receiving mental health, intellectual disability, or substance abuse (as defined in IC 27-8-5-15.5) services.
(3) The date of the beginning of the patient's illness.
(4) The date the patient was discharged from the treatment facility or the date the services were terminated, if known.
(5) The diagnosis for the patient with concise information substantiating the diagnosis.
(6) A brief description of the services provided to the patient, including the type of therapy used, medications ordered and administered, the total number of hours spent in individual, group, or family treatment, recreational therapy, or rehabilitation activities.
(7) The patient's status as either an inpatient or outpatient.
(8) The patient's relationship to the policyholder or contract subscriber.
(9) The patient's prognosis and plan of treatment.
An insurer's request for the release of additional mental health information relating to subdivisions (1) through (9) does not require a further release in order for the provider to submit the additional information to the insurer. The provider may release to the insurer mental health information in addition to that reasonably related to subdivisions (1) through (9) if an additional written consent is obtained from the patient or the patient's representative authorizing the release of all information necessary for the insurer to adjudicate a claim made by the patient or the patient's representative. If such a release is obtained, no further releases are required in order for the provider to submit additional information in response to subsequent requests for information by the insurer to complete its review of the claim.
(d) Nothing in this section removes the obligation of a patient to pay for services if the patient's failure to authorize the release of information under this section results in the limitation or denial of insurance benefits.
As added by P.L.102-1994, SEC.6. Amended by P.L.117-2015, SEC.33.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 5. Release of Health Records to Third Parties and for Legitimate Business Purposes › 16-39-5-1. Interprovider Exchange of Records Without Patient's Consent

Sec. 1. This article does not prohibit a provider from obtaining a patient's health records from another provider without the patient's consent if the health records are needed to provide health care services to the patient.
[Pre-1993 Recodification Citation: 16-4-8-5(a).]
As added by P.L.2-1993, SEC.22. Amended by P.L.6-1995, SEC.38.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 5. Release of Health Records to Third Parties and for Legitimate Business Purposes › 16-39-5-2. Patient's Written Consent to Insurer to Obtain Records or Medical Information

Sec. 2. (a) Except as provided in IC 16-39-2, IC 16-39-3, IC 16-39-4, and subsection (d), this article does not prohibit an accident and sickness insurance company (as defined in IC 27-8-5-1) from obtaining health records or medical information with a written consent executed at the time of receiving an application for insurance or at any other time. Such consent may be used at any time for legitimate accident and sickness insurance purposes.
(b) A written consent to obtain health records or medical information obtained at the time of application by an insurance company making any of the types of insurance not defined in IC 27-8-5 may be used for any legitimate insurance purposes for up to two (2) years from the date the contract is issued. A written consent obtained at any other time by an insurance company not defined in IC 27-8-5 may be used for up to one (1) year after the date the consent was signed. A copy of all health records or medical information obtained by an insurance company, other than a life insurance company (as defined in IC 27-1-2-3(s)), by means of the written consent of the patient under this subsection shall be furnished to the patient by the insurance company upon the written request of the patient.
(c) Consents obtained by any insurance company need only contain the following:
(1) Name of the insured.
(2) Date the consent is granted.
(3) Name of the company to which consent is given to receive information.
(4) General nature of the information that may be secured by use of the consent.
(d) Except as provided in subsection (e), an insurance company other than a life insurance company (as defined in IC 27-1-2-3(s)) may not obtain the results of any genetic screening or testing (as defined in IC 27-8-26-2) without a separate written consent by an individual at the time of application for insurance or at any other time. The form on which an individual indicates written consent must:
(1) indicate in at least 10 point boldface type that the individual need not consent to releasing the results of any genetic testing or screening; and
(2) be approved by the commissioner before use.
(e) An insurance company other than a life insurance company (as defined in IC 27-1-2-3(s)) is not liable if the insurance company:
(1) inadvertently receives the results of any genetic testing or screening (as defined in IC 27-8-26-2); and
(2) has not obtained a separate written consent as required under subsection (d).
An insurance company that inadvertently receives testing or screening results may not use the genetic testing or screening results in violation of IC 27-8-26.
[Pre-1993 Recodification Citation: 16-4-8-5(b), (c), (d).]
As added by P.L.2-1993, SEC.22. Amended by P.L.1-1994, SEC.89; P.L.150-1997, SEC.1.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 5. Release of Health Records to Third Parties and for Legitimate Business Purposes › 16-39-5-4. 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.
As added by P.L.102-1994, SEC.8.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 6. Access to Hospital Records by Hospital Medical Staff Committees › 16-39-6-1. Purposes

Sec. 1. It is in the interest of public health and patient medical care that hospital medical staff committees have access to the records and other information concerning the condition and treatment of hospital patients to evaluate the care and treatment of patients as follows:
(1) For research purposes.
(2) For the purpose of gathering statistics and other information concerning the prevention and treatment of diseases, illnesses, and injuries.
(3) For the purpose of reducing morbidity or mortality.
[Pre-1993 Recodification Citation: 16-4-3-1 part.]
As added by P.L.2-1993, SEC.22.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 6. Access to Hospital Records by Hospital Medical Staff Committees › 16-39-6-2. Right of Hospital to Provide Records to Medical Staff Committee

Sec. 2. To carry out the purposes described in section 1 of this chapter, a hospital or agents or employees of the hospital may provide medical records or other information concerning the condition or treatment of a hospital patient to a hospital medical staff committee.
[Pre-1993 Recodification Citation: 16-4-3-1 part.]
As added by P.L.2-1993, SEC.22.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 6. Access to Hospital Records by Hospital Medical Staff Committees › 16-39-6-3. Confidentiality; Production on Court Order

Sec. 3. (a) Except as provided in subsection (b):
(1) records or other information furnished a hospital medical staff committee under this chapter concerning the care and treatment of a hospital patient;
(2) proceedings of a hospital medical staff committee; and
(3) other records or reports of a hospital medical staff committee;
are confidential.
(b) The confidential records and proceedings described in subsection (a) may be produced on court order in a cause in which the records and proceedings are relevant or material.
[Pre-1993 Recodification Citation: 16-4-3-1 part.]
As added by P.L.2-1993, SEC.22.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 6. Access to Hospital Records by Hospital Medical Staff Committees › 16-39-6-4. Use or Publication of Obtained Information; Restrictions

Sec. 4. A hospital medical staff committee shall use or publish information the committee obtains from records or other information submitted to the committee concerning the care or treatment of a patient only as follows:
(1) To evaluate matters of medical care, therapy, and treatment.
(2) For research and statistical purposes.
[Pre-1993 Recodification Citation: 16-4-3-2 part.]
As added by P.L.2-1993, SEC.22.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 6. Access to Hospital Records by Hospital Medical Staff Committees › 16-39-6-5. Protection of Patient's Identity

Sec. 5. (a) The members, agents, or employees of a hospital medical staff committee may not disclose the identity of any patient whose records have been studied in a report or publication of the committee.
(b) The members, agents, and employees of the medical staff committee shall protect the identity of a patient whose condition or treatment has been studied and may not disclose or reveal the identity of any patient.
[Pre-1993 Recodification Citation: 16-4-3-2 part.]
As added by P.L.2-1993, SEC.22.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 7. Maintenance of Health Records, X-Rays, and Other Tests › 16-39-7-1. Maintenance of Health Records by Providers; Violations

Sec. 1. (a) As used in this section, "provider" means the following:
(1) A physician.
(2) A dentist.
(3) A registered nurse.
(4) A licensed practical nurse.
(5) An optometrist.
(6) A podiatrist.
(7) A chiropractor.
(8) A physical therapist.
(9) A psychologist.
(10) An audiologist.
(11) A speech-language pathologist.
(12) A home health agency licensed under IC 16-27.
(13) A hospital or facility licensed under IC 16-21-2 or IC 12-25 or described in IC 12-24 or IC 12-29.
(b) A provider shall maintain the original health records or microfilms of the records for at least seven (7) years.
(c) A provider who violates subsection (b) commits an offense for which a board may impose disciplinary sanctions against the provider under the law that governs the provider's licensure, registration, or certification under this title or IC 25.
(d) A provider is immune from civil liability for destroying or failing to maintain a health record in violation of this section if the destruction or failure to maintain the health record occurred in connection with a disaster emergency as declared by the governor under IC 10-14-3-12 or other disaster, unless the destruction or failure to maintain the health record was due to negligence by the provider.
[Pre-1993 Recodification Citation: 16-4-8-12.]
As added by P.L.2-1993, SEC.22. Amended by P.L.177-2009, SEC.7.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 7. Maintenance of Health Records, X-Rays, and Other Tests › 16-39-7-2. Maintenance of X-Rays by Providers; Mammograms; Violations; Civil Liability

Sec. 2. (a) This section does not apply to original mammograms, which are governed by section 3 of this chapter.
(b) As used in this section, "x-ray film" includes a microfilm copy of the x-ray film.
(c) A provider shall maintain a patient's x-ray film for at least five (5) years.
(d) At the time an x-ray film is taken, the provider shall do one (1) of the following:
(1) Inform the patient in writing of the following:
(A) The patient's x-ray film will be kept on file by the provider for at least five (5) years.
(B) If the patient would like a copy of the x-ray film during that period, the provider will provide the patient with a copy of the x-ray film at the actual cost to the provider, as provided in IC 16-39-1-2.
(2) Have posted conspicuously in the x-ray examination area a sign informing patients of the following:
(A) All x-ray films will be kept on file by a provider for at least five (5) years.
(B) On request during that time, the provider will provide the patient a copy of the patient's x-ray film at the actual cost to the provider.
(e) A provider is immune from civil liability for destroying or otherwise failing to maintain an x-ray film in violation of this section if the destruction or failure to maintain the x-ray film is inadvertent and not done in bad faith. However, this subsection does not prevent the imposition of disciplinary sanctions against the provider, as described in subsection (f).
(f) A provider who violates this section commits an offense for which a board may impose disciplinary sanctions against the provider under the statute that governs the provider's licensure, registration, or certification under this title or IC 25.
[Pre-1993 Recodification Citation: 16-4-8-13.]
As added by P.L.2-1993, SEC.22. Amended by P.L.86-2001, SEC.1.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 7. Maintenance of Health Records, X-Rays, and Other Tests › 16-39-7-3. Original Mammogram Films; Maintenance; Transfer

Sec. 3. (a) Except as provided in subsection (b), a provider shall maintain a patient's original mammogram films and reports concerning the mammogram films in a permanent medical record of the patient for not less than:
(1) five (5) years; or
(2) if the provider performs no additional mammograms of the patient, ten (10) years;
after the date the original mammogram films were taken.
(b) Upon request by or on behalf of a patient, a provider shall permanently or temporarily transfer a patient's original mammogram films and copies of any reports concerning the mammogram films to:
(1) a medical institution;
(2) a physician or other health care provider of the patient; or
(3) the patient.
(c) Any fee charged to a patient for providing mammogram films and copies of reports under subsection (b) may not exceed the provider's actual cost in providing the films and reports.
(d) At the time a mammogram is taken, the provider shall inform the patient in writing of:
(1) the length of time that the patient's original mammogram films will be maintained; and
(2) the procedure for obtaining the original mammogram films and copies of reports concerning the mammogram films as described in subsection (b).
(e) A provider is immune from civil liability for destroying or otherwise failing to maintain a patient's original mammogram films or reports concerning the mammogram films in violation of this section if the destruction or failure to maintain the original mammogram films or reports is inadvertent and not done in bad faith. However, this subsection does not prevent the imposition of disciplinary sanctions against the provider, as described in subsection (f).
(f) A provider who violates this section commits an offense for which a board may impose disciplinary sanctions against the provider under the statute that governs the provider's licensure, registration, or certification under this title or IC 25.
(g) Upon receiving written notice of a change in federal regulations regarding the maintenance and storage of x-ray film taken as a supplemental medical diagnostic tool to mammography, the state department shall make reasonable attempts to promptly notify all x-ray facilities providing mammographic x-ray services regarding the change.
As added by P.L.86-2001, SEC.2.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 7.1. Autopsy Records › 16-39-7.1-1.5. "Training or Educational Purposes"

Sec. 1.5. As used in this chapter, "training or educational purposes" means for the purpose of:
(1) teaching or giving lectures to:
(A) medical students;
(B) physicians;
(C) coroners;
(D) law enforcement personnel;
(E) public safety personnel;
(F) attorneys; or
(G) an individual who relies upon information or records regulated under this chapter in the course of the individual's profession or occupation;
(2) publication in professional medical:
(A) books; or
(B) periodicals; or
(3) use in:
(A) training videos; or
(B) computer programs.
As added by P.L.179-2003, SEC.2.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 7.1. Autopsy Records › 16-39-7.1-2. Confidentiality of Records

Sec. 2. Except as provided in section 3 of this chapter, a photograph, a video recording, or an audio recording of an autopsy in the custody of a physician is confidential.
As added by P.L.271-2001, SEC.3.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 7.1. Autopsy Records › 16-39-7.1-3. Access to Records; Confidentiality

Sec. 3. (a) A surviving spouse may:
(1) view and copy a photograph or video recording; and
(2) listen to and copy an audio recording;
of the deceased spouse's autopsy. If there is no surviving spouse, the surviving parents shall have access to the records under this subsection. If there is no surviving spouse or parent, an adult child shall have access to the records.
(b) Upon making a written request, a unit (as defined in IC 36-1-2-23), the state, an agency of the state, the federal government, or an agency of the federal government, while in performance of their official duty, may:
(1) view and copy a photograph or video recording; and
(2) listen to and copy an audio recording;
of an autopsy. Unless otherwise required in the performance of their duties, the identity of the deceased must remain confidential.
(c) The physician having custody of a photograph, a video recording, or an audio recording of an autopsy may use or allow the use of the photograph, video recording, or audio recording of the autopsy for case consultation with a pathologist or forensic scientist. The physician having custody of a photograph, a video recording, or an audio recording of an autopsy may also use or allow the use of the photograph, video recording, or audio recording of the autopsy for training or educational purposes if all information that identifies the individual on whom the autopsy was performed is masked or removed from the photograph, video recording, or audio recording. For purposes of this subsection, information that identifies an individual consists of:
(1) the name;
(2) the address;
(3) the Social Security number;
(4) a full view of the face; or
(5) identifying marks on the body that are unrelated to the educational purpose of the information or to the medical condition or the medical status;
of the deceased individual. A physician who allows the use of autopsy information under this subsection has a duty to disclose to each person to whom the physician releases it that the information is confidential and may not be used for a purpose other than the purpose for which it was originally released. A physician who fails to disclose the confidentiality restrictions of this information commits a Class A misdemeanor.
(d) Except as provided in subsection (c), the physician having custody of a photograph, a video recording, or an audio recording of an autopsy may not permit a person to:
(1) view and copy a photograph or video recording; and
(2) listen to and copy an audio recording;
of an autopsy without a court order.
(e) Information disclosed under subsection (c) is confidential.
As added by P.L.271-2001, SEC.3. Amended by P.L.179-2003, SEC.3.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 7.1. Autopsy Records › 16-39-7.1-4. Court Orders Regarding Access to Records

Sec. 4. (a) A court, upon a showing of good cause, may issue an order authorizing a person to:
(1) view or copy a photograph or video recording; and
(2) listen to or copy an audio recording;
of an autopsy, and may prescribe any restrictions or stipulations that the court considers appropriate.
(b) In determining good cause, the court shall consider:
(1) whether the disclosure is necessary for the public evaluation of governmental performance;
(2) the seriousness of the intrusion into the family's right to privacy;
(3) whether the disclosure of the photograph, video recording, or audio recording is by the least intrusive means available; and
(4) the availability of similar information in other public records, regardless of form.
(c) In all cases, the viewing, copying, listening to, or other handling of a photograph or video or audio recording of an autopsy must be under the direct supervision of the physician who is the custodian of the record.
As added by P.L.271-2001, SEC.3.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 7.1. Autopsy Records › 16-39-7.1-5. Notice to Survivors of Petitions for Access to Records

Sec. 5. (a) A surviving spouse shall be given:
(1) reasonable notice of the petition filed with the court to view or copy a photograph or video recording of an autopsy or a petition to listen to or copy an audio recording;
(2) a copy of the petition filed with the court to view or copy a photograph or video recording of an autopsy or a petition to listen to or copy an audio recording; and
(3) reasonable notice of the opportunity to be present and heard at any hearing on the matter.
(b) If there is no surviving spouse, the notice under this section must be given to the deceased's parents, and if the deceased has no living parent, the notice must be given to the adult children of the deceased.
As added by P.L.271-2001, SEC.3.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 7.1. Autopsy Records › 16-39-7.1-6. Violations

Sec. 6. (a) A provider who:
(1) is the custodian of a photograph, a video recording, or an audio recording of an autopsy; and
(2) knowingly or intentionally violates this chapter;
commits a Class A misdemeanor.
(b) A person who knowingly or intentionally violates a court order issued under this chapter commits a Class A misdemeanor.
(c) A person who:
(1) receives autopsy information under section 3(c) of this chapter; and
(2) knowingly or intentionally uses the information in a manner other than the specified purpose for which it was released;
commits a Class A misdemeanor.
As added by P.L.271-2001, SEC.3. Amended by P.L.179-2003, SEC.4.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 8. Immunity From Liability › 16-39-8-1. Libel or Slander; Immunity

Sec. 1. Providers and the providers' employees, agents, and representatives are immune from civil action for libel or slander arising from information or entries made in a patient health record if the information or entries are made in good faith and without malice.
[Pre-1993 Recodification Citation: 16-4-8-11.]
As added by P.L.2-1993, SEC.22.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 9. Charges Permitted for Providing Copies of Medical Records › 16-39-9-1. Chapter Exemptions

Sec. 1. This chapter does not apply to x-rays covered by either of the following:
(1) IC 16-39-1-2.
(2) IC 16-39-7-2.
As added by P.L.102-1994, SEC.9.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 9. Charges Permitted for Providing Copies of Medical Records › 16-39-9-2. Maximum Copying Fees

Sec. 2. A provider may not charge a person for making and providing copies of medical records an amount greater than the amount set in rules adopted by the department of insurance under section 4 of this chapter.
As added by P.L.102-1994, SEC.9. Amended by P.L.173-2007, SEC.1.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 9. Charges Permitted for Providing Copies of Medical Records › 16-39-9-4. Cost Adjustments by Department

Sec. 4. (a) As used in this section, "department" refers to the department of insurance created by IC 27-1-1-1.
(b) The department may adopt rules under IC 4-22-2 to set the amounts that may be charged for copying records under this chapter. In adopting rules under this section, the department shall consider the following factors relating to the costs of copying medical records:
(1) The following labor costs:
(A) Verification of requests.
(B) Logging requests.
(C) Retrieval.
(D) Copying.
(E) Refiling.
(2) Software costs for logging requests.
(3) Expense costs for copying.
(4) Capital costs for copying.
(5) Billing and bad debt expenses.
(6) Space costs.
As added by P.L.102-1994, SEC.9. Amended by P.L.173-2007, SEC.2.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 10. Disclosure of Protected Health Information › 16-39-10-1. "Covered Entity"

Sec. 1. As used in this chapter, "covered entity" has the meaning set forth in 45 CFR 160.103 as in effect on November 4, 2004.
As added by P.L.47-2005, SEC.1.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 10. Disclosure of Protected Health Information › 16-39-10-2. "Law Enforcement Official"

Sec. 2. As used in this chapter, "law enforcement official" has the meaning set forth in 45 CFR 164.501 as in effect on November 4, 2004.
As added by P.L.47-2005, SEC.1.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 10. Disclosure of Protected Health Information › 16-39-10-3. "Protected Health Information"

Sec. 3. As used in this chapter, "protected health information" has the meaning set forth in 45 CFR 160.103 as in effect on November 4, 2004.
As added by P.L.47-2005, SEC.1.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 10. Disclosure of Protected Health Information › 16-39-10-4. Disclosure to Law Enforcement Official

Sec. 4. A covered entity may disclose the following protected health information to a law enforcement official who requests the protected health information for the purpose of identifying or locating a missing person:
(1) Contact information, including family, personal representative, and friends of the individual.
(2) Previous addresses of the individual and the individual's family, personal representative, and friends.
As added by P.L.47-2005, SEC.1.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 11. Covid-19 Immunization Records › 16-39-11-1. "Covid-19"

Sec. 1. As used in this chapter, "COVID-19" means:
(1) severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2); or
(2) the disease caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
As added by P.L.196-2021, SEC.13.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 11. Covid-19 Immunization Records › 16-39-11-3. "Immunization Passport"

Sec. 3. As used in this chapter, "immunization passport" means written, electronic, or printed information regarding an individual's immunization status against COVID-19.
As added by P.L.196-2021, SEC.13. Amended by P.L.1-2022, SEC.5.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 11. Covid-19 Immunization Records › 16-39-11-4. "Immunization Status"

Sec. 4. As used in this chapter, "immunization status" means the status of whether an individual:
(1) has received; or
(2) has not received;
an immunization.
As added by P.L.196-2021, SEC.13.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 11. Covid-19 Immunization Records › 16-39-11-4.5. "Indiana Governmental Entity"

Sec. 4.5. (a) As used in this chapter, "Indiana governmental entity" means:
(1) the state (as defined in IC 5-11-1-16(b));
(2) a state educational institution (as defined in IC 21-7-13-32);
(3) a political subdivision (as defined in IC 36-1-2-13); or
(4) a public school corporation (as defined in IC 4-4-38.5-6.2).
(b) The term does not include the following:
(1) A state institution (as defined in IC 12-7-2-184).
(2) A hospital organized or operated under IC 16-22-1 through IC 16-22-5, IC 16-22-8, or IC 16-23-1.
As added by P.L.1-2022, SEC.6.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 11. Covid-19 Immunization Records › 16-39-11-5. Prohibition on Issuing or Requiring Immunization Passport

Sec. 5. (a) Except as provided in subsection (b), an Indiana governmental entity may not issue or require an immunization passport.
(b) This section does not prohibit an Indiana governmental entity from doing any of the following:
(1) Maintaining, creating, or storing a medical record of an individual's immunization status.
(2) Providing a medical record of an individual's immunization status to the individual's medical provider in accordance with the federal Health Insurance Portability and Accountability Act (HIPAA) (P.L.104-191).
(3) Providing the individual with a record of an immunization at the time the individual receives the immunization or upon request by the individual.
(4) Maintaining an immunization record for the purpose of public health administration.
As added by P.L.196-2021, SEC.13. Amended by P.L.1-2022, SEC.7.
2023 Indiana Code › Title 16. Health › Article 40. Other Reporting Requirements › Chapter 1. Reporting of Persons With Disabilities › 16-40-1-1. Legislative Intent and Purpose

Sec. 1. (a) It is the intent of the state to develop, within the limits of the state's capabilities and resources, a program that gives the greatest assurance of enabling a person with a disability to achieve the person's maximum potential and the highest degree of independence possible.
(b) The purpose of this chapter is to create a procedure by which to locate and identify persons with disabilities.
[Pre-1993 Recodification Citation: 16-4-6-1.]
As added by P.L.2-1993, SEC.23. Amended by P.L.23-1993, SEC.78.
2023 Indiana Code › Title 16. Health › Article 40. Other Reporting Requirements › Chapter 1. Reporting of Persons With Disabilities › 16-40-1-2. Persons Required to Make Report

Sec. 2. (a) Except as provided in subsection (b), each:
(1) physician;
(2) superintendent of a hospital;
(3) director of a local health department;
(4) director of a local office of the department of child services;
(5) director of the division of disability and rehabilitative services;
(6) superintendent of a state institution serving individuals with a disability; or
(7) superintendent of a school corporation;
who diagnoses, treats, provides, or cares for a person with a disability shall report the disabling condition to the state department within sixty (60) days.
(b) Each:
(1) physician holding an unlimited license to practice medicine; or
(2) optometrist licensed under IC 25-24-1;
shall file a report regarding a person who is blind or has a visual impairment with the office of the secretary of family and social services in accordance with IC 12-12-9.
[Pre-1993 Recodification Citation: 16-4-6-3 part.]
As added by P.L.2-1993, SEC.23. Amended by P.L.4-1993, SEC.246; P.L.5-1993, SEC.259; P.L.23-1993, SEC.79; P.L.1-1994, SEC.90; P.L.104-2003, SEC.5; P.L.141-2006, SEC.92; P.L.99-2007, SEC.160; P.L.146-2008, SEC.449.
2023 Indiana Code › Title 16. Health › Article 40. Other Reporting Requirements › Chapter 1. Reporting of Persons With Disabilities › 16-40-1-3. Forms

Sec. 3. A report made under this chapter shall be made in the manner and upon forms prescribed by and furnished by the state department.
[Pre-1993 Recodification Citation: 16-4-6-3 part.]
As added by P.L.2-1993, SEC.23.
2023 Indiana Code › Title 16. Health › Article 40. Other Reporting Requirements › Chapter 1. Reporting of Persons With Disabilities › 16-40-1-4. Birth Defects Reports

Sec. 4. The reports filed under this chapter by hospitals must include birth defects.
[Pre-1993 Recodification Citation: 16-4-6-3 part.]
As added by P.L.2-1993, SEC.23.
2023 Indiana Code › Title 16. Health › Article 40. Other Reporting Requirements › Chapter 1. Reporting of Persons With Disabilities › 16-40-1-5. School Children

Sec. 5. The reports filed under this chapter by school corporations must include children excluded from school because of a disability as well as children with disabilities attending regular or special programs of education.
[Pre-1993 Recodification Citation: 16-4-6-3 part.]
As added by P.L.2-1993, SEC.23. Amended by P.L.23-1993, SEC.80.
2023 Indiana Code › Title 16. Health › Article 40. Other Reporting Requirements › Chapter 1. Reporting of Persons With Disabilities › 16-40-1-6. Confidentiality

Sec. 6. The contents of a report made under this chapter are solely for the use of departments of state government in the performance of their duties under law and of organizations having a legitimate interest in the information. The reports shall not be open to public inspection and are not public records.
[Pre-1993 Recodification Citation: 16-4-6-3 part.]
As added by P.L.2-1993, SEC.23.
2023 Indiana Code › Title 16. Health › Article 40. Other Reporting Requirements › Chapter 1. Reporting of Persons With Disabilities › 16-40-1-7. Transmission of Reports to State Department

Sec. 7. All reports filed under this chapter shall be transmitted to the state department.
[Pre-1993 Recodification Citation: 16-4-6-4.]
As added by P.L.2-1993, SEC.23. Amended by P.L.130-2018, SEC.85.
2023 Indiana Code › Title 16. Health › Article 40. Other Reporting Requirements › Chapter 2. Repealed

[Pre-1993 Recodification Citations:
16-40-2-1formerly 16-4-5-1(a)16-40-2-2formerly 16-4-5-1(b) part16-40-2-3formerly 16-4-5-1(b) part16-40-2-4formerly 16-4-5-1(c)16-40-2-5formerly 16-4-5-1(d)16-40-2-6formerly 16-4-5-316-40-2-7formerly 16-4-5-2.]
Repealed by P.L.104-2003, SEC.10.
2023 Indiana Code › Title 16. Health › Article 40. Other Reporting Requirements › Chapter 4. Health Care Quality Indicator Data Program › 16-40-4-1. "Health Care Quality Indicator Data"

Sec. 1. As used in this chapter, "health care quality indicator data" means information concerning the provision of health care services that may be collected and used to measure and compare quality of health care services.
As added by P.L.95-2005, SEC.5.
2023 Indiana Code › Title 16. Health › Article 40. Other Reporting Requirements › Chapter 4. Health Care Quality Indicator Data Program › 16-40-4-2. "Health Coverage Provider"

Sec. 2. As used in this chapter, "health coverage provider" means any of the following:
(1) An insurer (as defined in IC 27-1-2-3) that issues or delivers a policy of accident and sickness insurance (as defined in IC 27-8-5-1).
(2) A health maintenance organization (as defined in IC 27-13-1-19).
(3) The administrator of a program of self-insurance established, implemented, or maintained to provide coverage for health care services to the extent allowed by the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.).
(4) The state Medicaid program (IC 12-15).
(5) The children's health insurance program (IC 12-17.6).
(6) The Indiana comprehensive health insurance association (IC 27-8-10).
(7) A person that is designated to maintain the records of a person described in subdivisions (1) through (6).
As added by P.L.95-2005, SEC.5.
2023 Indiana Code › Title 16. Health › Article 40. Other Reporting Requirements › Chapter 4. Health Care Quality Indicator Data Program › 16-40-4-3. "Program"

Sec. 3. As used in this chapter, "program" refers to the health care quality indicator data program developed and implemented under sections 4 and 5 of this chapter.
As added by P.L.95-2005, SEC.5.
2023 Indiana Code › Title 16. Health › Article 40. Other Reporting Requirements › Chapter 4. Health Care Quality Indicator Data Program › 16-40-4-4. Development of Program Plan

Sec. 4. The state department shall, in compliance with state and federal law, develop a plan for a health care quality indicator data program. The plan shall be completed by December 31, 2006, and include the following:
(1) A list of health care quality indicators for which data will be collected concerning health care services provided to individuals who reside or receive health care services in Indiana. The state department shall seek the assistance of health coverage providers and health care providers in developing the list under this subdivision.
(2) A methodology for health care quality indicator data collection, analysis, distribution, and use.
(3) The inclusion of data concerning ethnicity and minority status, as allowed by the individuals about whom health care quality indicator data is collected.
(4) A methodology to provide for a case mix system or other scientific criteria to develop and adjust health quality indicators, including infection rates, that may be affected by risks and variables.
As added by P.L.95-2005, SEC.5.
2023 Indiana Code › Title 16. Health › Article 40. Other Reporting Requirements › Chapter 4. Health Care Quality Indicator Data Program › 16-40-4-5. Authorization to Develop and Implement Program

Sec. 5. The state department is authorized to develop and implement a health care quality indicator program as provided for in this chapter and to include the following:
(1) Criteria listed under section 4 of this chapter.
(2) Health care quality indicator data collected from a health coverage provider or health care provider under this chapter must be obtainable from electronic records developed and maintained in the health coverage provider's or health care provider's ordinary course of business.
(3) Health coverage providers and health care providers are not required to establish or amend medical record systems or other systems to conform to the program.
As added by P.L.95-2005, SEC.5. Amended by P.L.56-2023, SEC.157.