34-43-1-2. Authentication of Entries; Procedure
Sec. 2. Entries made in a hospital medical record may be authenticated by showing that: (1) the electronic data processing equipment is standard equipment in the hospital; (2) the entries were made in the regular course of business at or reasonably near to the happening of the event or order, opinion, or other information recorded; […]
34-43-1-3. Availability of Records to Authorized Persons
Sec. 3. Hospitals using systems described in this chapter to keep their hospital medical records must do so in such a manner that permits the information to be made readily available, in written or printed form, to authorized persons only. [Pre-1998 Recodification Citation: 34-3-15.5-4 part.] As added by P.L.1-1998, SEC.39.
34-43-1-4. Photostatic Copies; Admissibility
Sec. 4. Notwithstanding the hearsay rule, but subject to all other objections, photostatic copies of hospital medical records certified under section 7 of this chapter are admissible into evidence in any civil action or administrative proceeding without testimony from the custodian of the hospital medical records. [Pre-1998 Recodification Citation: 34-3-15.5-5.] As added by P.L.1-1998, SEC.39.
34-43-1-5. Response to Subpoena or Court Order
Sec. 5. When a: (1) subpoena coupled with a request under Rule 34 of the Indiana Rules of Trial Procedure; (2) subpoena coupled with a patient’s written authorization under IC 34-6-2-15(2) (or IC 34-3-15.5-4 before its repeal); or (3) court order; requiring the production of a hospital medical record is served upon any hospital employee, […]
34-43-1-6. Delivery of Copies Pursuant to Subpoena
Sec. 6. If the hospital has elected to proceed under section 5 of this chapter, the hospital employee with custody of the original hospital medical records shall, upon receipt of payment for the reproduction of the hospital medical records, promptly deliver, by certified mail or personal delivery, copies of the hospital medical records specified in […]
34-43-1-7. Certification of Medical Records
Sec. 7. The hospital employee’s certification of the hospital medical records under section 5 of this chapter must: (1) be signed by the hospital employee with custody of the hospital medical records; and (2) include: (A) the full name of the patient; (B) the patient’s medical record number; (C) the number of pages in the […]
34-43-1-8. Handling of Copies
Sec. 8. The hospital shall: (1) place the copies of the hospital medical records in an envelope or wrapper; and (2) write or type on the envelope or wrapper: (A) the words “Confidential Medical Records”; (B) the title and number of the action or proceeding; and (C) the name and business telephone number of the […]
34-43-1-9. Procedure When Records Not in Possession of Hospital
Sec. 9. If the hospital does not have the hospital medical records or has only a part of the hospital medical records specified in the subpoena, the hospital employee with custody of the original hospital medical records shall: (1) execute an affidavit, either notarized or by affirmation, stating that the hospital does not have or […]
34-43-1-10. Medical Records Confidential Under Certain Federal Statutes
Sec. 10. (a) This section applies to a medical record or part of a record that is confidential under 42 U.S.C. 290dd-3, 42 U.S.C. 290ee-3, or the regulations adopted under those statutes. (b) The hospital employee with custody of the original medical records shall: (1) execute a verified affidavit: (A) identifying the record or part […]
34-43-1-11. Medical Records Regarding Treatment for Mental Illness
Sec. 11. (a) This section applies to a medical record or part of a record concerning treatment for mental illness. (b) The hospital employee with custody of the original medical records shall: (1) execute a verified affidavit: (A) identifying the record or part of a record that contains the confidential information concerning the treatment of […]