Sec. 1. (a) The recording of hospital medical records by an electronic image system or reproduction process shall, for the purposes of this chapter, be considered a photographic process. (b) The making or recording of hospital medical records by electronic data processing systems is an original written record. Printouts or other types of retrieved information […]
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 […]
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 […]
Sec. 12. (a) This section applies to a medical record or part of a record that contains information that is confidential under IC 16-41-8-1. (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 […]
Sec. 13. The hospital may charge the fee permitted under IC 16-39-9 to cover the costs of reproducing the hospital medical records under section 5 of this chapter. [Pre-1998 Recodification Citation: 34-3-15.5-6(i).] As added by P.L.1-1998, SEC.39.
Sec. 14. (a) Whenever the copies of the hospital medical records are personally delivered, the person receiving the hospital medical records shall give a receipt to the person delivering them. (b) The receipt required by subsection (a) must contain: (1) the name of the hospital that sent the hospital medical records; (2) the patient’s full […]
Sec. 15. Whenever the copies of the hospital medical records are sent by certified mail, the receipt used by the United States Postal Service is sufficient to prove delivery and receipt of the hospital medical records. [Pre-1998 Recodification Citation: 34-3-15.5-7(b).] As added by P.L.1-1998, SEC.39.
Sec. 16. The party or party’s attorney of record shall dispose of copies of hospital medical records obtained under this chapter in a manner that protects the confidentiality of the medical information in the copies. [Pre-1998 Recodification Citation: 34-3-15.5-7(c).] As added by P.L.1-1998, SEC.39.
Sec. 17. Upon motion by any party to an action or proceeding, or by the person from whom discovery is sought under this chapter, and for good cause shown, the court, hearing officer, or other body conducting the proceeding may make any order that justice requires. [Pre-1998 Recodification Citation: 34-3-15.5-7(d).] As added by P.L.1-1998, SEC.39.
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; […]
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.
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.
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, […]
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 […]
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 […]
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 […]
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 […]
