CHAPTER 14. HEALTH RECORDS AND IDENTIFYING INFORMATION PROTECTION
IC 4-6-14
Chapter 14. Health Records and Identifying Information
Protection
IC 4-6-14-1
"Abandoned"
Sec. 1. As used in this chapter, "abandoned" means voluntarily
surrendered, relinquished, or disclaimed by the health care provider
or regulated professional, with no intention of reclaiming or
regaining possession.
As added by P.L.84-2010, SEC.1.
IC 4-6-14-2
"Health care provider"
Sec. 2. As used in this chapter, "health care provider" means a
person listed in IC 16-39-7-1(a)(1) through IC 16-39-7-1(a)(11).
As added by P.L.84-2010, SEC.1.
IC 4-6-14-3
"Personal information"
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.
IC 4-6-14-4
"Regulated professional"
Sec. 4. As used in this chapter, "regulated professional" means an
individual who is regulated by a board listed under IC 25-1-11-1.
As added by P.L.84-2010, SEC.1.
IC 4-6-14-5
Attorney general's powers
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.
IC 4-6-14-6
Determination of abandonment
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 described in this chapter.
However, a subsequent enforcement action may take place under a
state or federal law based on proof of facts that may have contributed
to the determination of abandonment if the facts are proved in a
subsequent enforcement action.
(c) An investigation to make a determination of abandonment
under this section must be conducted under the attorney general's
authority under existing state and federal law. Nothing in this chapter
shall be construed to create new authority for a subpoena or search
warrant.
As added by P.L.84-2010, SEC.1.
IC 4-6-14-7
Notification
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 either obtaining originals or copies of the
records or having the original records sent to a duly authorized
subsequent treating health care provider.
(b) Unless prohibited by law, the attorney general may also notify
other persons, including professional organizations, hospitals, law
enforcement agencies, and government units, who:
(1) may be able to assist in notifying persons whose records
were abandoned and secured by the attorney general under this
chapter; and
(2) when appropriate, may be able to assist in returning the
records to those persons.
As added by P.L.84-2010, SEC.1.
IC 4-6-14-8
Length of time health records must be maintained; destruction of
records
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 may destroy the health records obtained under section 5 of
this chapter.
As added by P.L.84-2010, SEC.1.
IC 4-6-14-9
Length of time personal information records must be maintained;
destruction of records
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 the records that contain personal information.
As added by P.L.84-2010, SEC.1.
IC 4-6-14-10
Health records and personal identifying information protection
trust fund
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 of this subsection.
(b) Subject to subsection (c), if a health care provider or a
regulated professional is disciplined under IC 25-1-9 or IC 25-1-11,
the board that issues the disciplinary order shall impose a fee against
the individual of five dollars ($5). The fee must be deposited into the
health records and personal identifying information protection trust
fund.
(c) If the amount in the health records and personal identifying
information protection trust fund exceeds seventy-five thousand
dollars ($75,000), the fee imposed under subsection (b) may not be
imposed on an individual who is subject to a disciplinary order.
(d) The attorney general shall administer the trust fund.
(e) The expenses of administering the trust fund shall be paid
from the money in the fund.
(f) The treasurer of state shall invest the money in the trust fund
not currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(g) Money in the trust fund at the end of a state fiscal year does
not revert to the state general fund.
As added by P.L.84-2010, SEC.1.
IC 4-6-14-11
Immunity
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.
IC 4-6-14-12
Cooperation with other agencies
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 enforcement agencies.
As added by P.L.84-2010, SEC.1.
IC 4-6-14-13
Rules
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.
IC 4-6-14-14
Judicial review
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 P.L.84-2010, SEC.1.
IC 4-6-14-15
Funding
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.