CHAPTER 1. HOSPITAL MEDICAL RECORDS
IC 34-43
ARTICLE 43. EVIDENCE: MEDICAL RECORDS
IC 34-43-1
Chapter 1. Hospital Medical Records
IC 34-43-1-1
Photographic process; treatment as original for purposes of
admissibility
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 in written or printed
form shall be treated as original records in all courts or
administrative agencies for the purpose of its admissibility into
evidence.
As added by P.L.1-1998, SEC.39.
IC 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;
(3) the security of the entries from unauthorized access can be
demonstrated through the use of audit trails; and
(4) records of all original entries and subsequent access to the
information are maintained.
As added by P.L.1-1998, SEC.39.
IC 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.
As added by P.L.1-1998, SEC.39.
IC 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.
As added by P.L.1-1998, SEC.39.
IC 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, the hospital employee with custody of the
original hospital medical record may elect, instead of personally
appearing and producing the original hospital medical record, to
furnish the requesting party or the party's attorney with a photostatic
copy of the hospital medical record, certified in accordance with
section 7 of this chapter.
As added by P.L.1-1998, SEC.39.
IC 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 the subpoena to the person specified in the
subpoena.
As added by P.L.1-1998, SEC.39.
IC 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 hospital medical record; and
(D) a statement in substantially the following form:
"The copies of records for which this certification is made
are true and complete reproductions of the original or
microfilmed hospital medical records that are housed in
__________ (name of hospital). The original records were
made in the regular course of business, and it was the
regular course of ____________ (name of hospital) to
make the records at or near the time of the matter
recorded. This certification is given under IC 34-43-1-5 by
the custodian of the records instead of the custodian's
personal appearance.".
As added by P.L.1-1998, SEC.39.
IC 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 hospital
employee making the certification.
As added by P.L.1-1998, SEC.39.
IC 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 has only a part of the
subpoenaed hospital medical records; and
(2) follow the procedures in sections 5 through 8 of this chapter
in delivering the part of the hospital medical records that are in
the hospital's possession.
As added by P.L.1-1998, SEC.39.
IC 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 of the record that is
confidential; and
(B) stating that the confidential record or part of the record
will only be provided under the federal procedure for
production of the record; and
(2) comply with sections 5 through 8 of this chapter in
delivering the record or part of the record that is not
confidential under subdivision (1).
As added by P.L.1-1998, SEC.39.
IC 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
mental illness; and
(B) stating that the confidential record or part of the record
will only be provided under a court order after in camera
review; and
(2) comply with sections 5 through 8 of this chapter in
delivering the record or part of the record that is not
confidential under subdivision (1).
As added by P.L.1-1998, SEC.39.
IC 34-43-1-12
Confidential records regarding communicable diseases
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 concerning a dangerous
communicable disease; and
(B) stating that the confidential record or part of the record
will only be provided under a court order after in camera
review under IC 16-41-8-1; and
(2) comply with sections 5 through 8 of this chapter in
delivering the record or part of the record that is not
confidential under subdivision (1).
As added by P.L.1-1998, SEC.39. Amended by P.L.1-1999, SEC.75.
IC 34-43-1-13
Fees
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.
As added by P.L.1-1998, SEC.39.
IC 34-43-1-14
Personal delivery of copies; receipt
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 name;
(3) the patient's medical record number;
(4) the date the copies of the hospital medical records were
received; and
(5) the signature of the person who receives the hospital
medical records.
As added by P.L.1-1998, SEC.39.
IC 34-43-1-15
Delivery of copies by certified mail; receipt
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.
As added by P.L.1-1998, SEC.39.
IC 34-43-1-16
Disposal of copies
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.
As added by P.L.1-1998, SEC.39.
IC 34-43-1-17
Orders
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.
As added by P.L.1-1998, SEC.39.