Sec. 1. As used in this chapter, “abandoned” means: (1) voluntarily surrendered, relinquished, or disclaimed by the health care provider or regulated professional, with no intention of reclaiming or regaining possession; or (2) recklessly or negligently treated, such that an unauthorized person could obtain access or possession. As added by P.L.84-2010, SEC.1. Amended by P.L.76-2017, […]
Sec. 10. (a) The health records and personal identifying information protection trust fund is established for the purpose of paying storage, maintenance, copying, mailing, and transfer of: (1) health records; and (2) records containing personal information; as required under this chapter. Expenditures from the trust fund may be made only to carry out the purposes […]
Sec. 10.5. (a) This section applies only to a health care provider or former health care provider who is or was responsible for maintaining or possessing the health records that have been abandoned. (b) The attorney general may file an action against a health care provider or former health care provider to recover costs incurred […]
Sec. 11. The attorney general is immune from civil liability for destroying or failing to maintain custody and control of any record obtained under this chapter. As added by P.L.84-2010, SEC.1.
Sec. 12. The following may cooperate with the attorney general’s office to implement this chapter: (1) The Indiana professional licensing agency and the appropriate board that regulates a health care provider or a regulated professional under IC 25. (2) The state police department. (3) A prosecuting attorney. (4) Local law enforcement agencies. (5) Federal law […]
Sec. 13. The attorney general may adopt rules under IC 4-22-2 that are necessary to administer and implement this chapter. As added by P.L.84-2010, SEC.1.
Sec. 14. A determination by the attorney general that health records or other records that contain personal information have been abandoned is subject to review in a circuit or superior court. A person who seeks to enforce this section must first notify the attorney general of the intention to seek judicial review. As added by […]
Sec. 15. The attorney general may pay for the administration of this chapter only from funds currently appropriated to the office of the attorney general. As added by P.L.84-2010, SEC.1.
Sec. 2. As used in this chapter, “health care provider” means: (1) a person listed in IC 16-39-7-1(a)(1) through IC 16-39-7-1(a)(11); or (2) a person licensed, certified, registered, or regulated by an entity described in IC 25-0.5-11. As added by P.L.84-2010, SEC.1. Amended by P.L.226-2011, SEC.1; P.L.3-2014, SEC.1.
Sec. 2.5. As used in this chapter, “health records” means written, electronic, or printed information possessed or maintained by a health care provider concerning any diagnosis, treatment, or prognosis of the patient, including health information that is possessed or maintained on microfiche, microfilm, or in a digital format. The term includes mental health records, alcohol […]
Sec. 3. As used in this chapter, “personal information” has the meaning set forth in IC 24-4.9-2-10. As added by P.L.84-2010, SEC.1.
Sec. 4. As used in this chapter, “regulated professional” means an individual who is regulated by an entity described in IC 25-0.5-12. As added by P.L.84-2010, SEC.1. Amended by P.L.3-2014, SEC.2.
Sec. 5. The attorney general may do the following with abandoned health records and other records that contain personal information: (1) Take possession of. (2) Store. (3) Maintain. (4) Transfer. (5) Protect. (6) Destroy, subject to the limitations in sections 8(b) and 9(b) of this chapter. As added by P.L.84-2010, SEC.1.
Sec. 6. (a) Before taking any action described in section 5 of this chapter, the attorney general shall determine whether a health care provider or regulated professional has abandoned health records or records containing personal information. (b) A determination of abandonment under this section may only be used for the purpose of taking an action […]
Sec. 7. (a) The attorney general shall make reasonable efforts to notify the patients and those individuals identified in: (1) health records; or (2) records or documents that contain personal information; that the attorney general has taken possession of the records or documents. The notice in this subsection must include information about the procedure for […]
Sec. 8. (a) The attorney general shall maintain health records obtained under section 5 of this chapter for the lesser of the following: (1) The time required under IC 16-39-7-1 and IC 16-39-7-2. (2) Three (3) years after the date the records are secured. (b) When the time expires under subsection (a), the attorney general […]
Sec. 9. (a) The attorney general shall maintain records that are not health records but contain personal information for at least three (3) years after the date the records are seized or secured. (b) When the time expires under subsection (a) and after notification under section 7 of this chapter, the attorney general may destroy […]
