Law / United States / 
Indiana
Release of health records to the patient and authorized persons: access within 30 days, written consent for release, and a fine for noncompliance
Ind. Code §§ 16-39-1-1 to 16-39-1-5
In force.
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights, Consent
- Audit expectation
- none
As of .
What it requires
- If you are a provider, supply a patient the health records you possess concerning the patient on written request and reasonable notice (Ind. Code 16-39-1-1(c)).
- On a patient's written request and reasonable notice, furnish the patient or the patient's designee a copy of the patient's health record used in assessing the patient's health condition or, at the patient's option, the pertinent part of the record relating to a specific condition (16-39-1-1(d)).
- Provide the health records within 30 days after the written request, unless within that period you seek an extension of not more than 30 days and tell the patient in writing the reasons and the date by which you will provide them (16-39-1-1(e)).
- On a patient's written request and reasonable notice, give the patient or the patient's designee access to, or a copy of, the patient's x-ray image at no cost (16-39-1-2).
- Release a patient's health record on the patient's written consent, which must state the patient's name and address, the person asked to release the record, the recipient, the purpose, a description of the information, the signature and date, a statement that the consent can be revoked at any time except to the extent action has been taken in reliance on it, and when it expires (16-39-1-4).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
Section 1(f) lets the state department, in addition to any action under IC 16-19-3-18, impose a fine against a provider not to exceed $5,000 for not complying with the requirements of section 1 of the chapter.
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 5,000
Who enforces it
Enforcement body
Indiana department of health, which IC 16-19-1-1 establishes and which is the state department that Ind. Code 16-39-1-1(f) names for the fine.
What this law does
Section 1 of IC 16-39-1 applies to all health records except mental health records, which IC 16-39-2, IC 16-39-3 and IC 16-39-4 govern. Article 39 of title 16 does not apply to records regarding communicable diseases, which IC 16-41-8-1 governs, or to alcohol and other drug abuse patient records, which 42 CFR Part 2 governs.
Section 1(c) of IC 16-39-1 requires a provider, on written request and reasonable notice, to supply to a patient the health records possessed by the provider concerning the patient. Section 1(d) of IC 16-39-1 requires a provider, on a patient's written request and reasonable notice, to furnish the patient or the patient's designee a copy of the patient's health record used in assessing the patient's health condition.
Section 1(e) of IC 16-39-1 requires a provider to provide the requested health records within 30 days after the written request, unless within the first 30 days it seeks an extension of not more than 30 days and informs the patient in writing of the reasons and the date. Section 1(f) of IC 16-39-1 lets the state department impose a fine against a provider not to exceed $5,000 for not complying with the section.
Section 2 of IC 16-39-1 requires a provider, on a patient's written request and reasonable notice, to provide the patient or the patient's designee access to, or a copy of, the patient's x-ray image at no cost.
Section 4 of IC 16-39-1 requires a patient's written consent for release of the patient's health record to include the name of the person requested to release the record, the recipient, the purpose, a description of the information, the signature and date, a statement that the consent can be revoked, and the date or event on which it expires.
Section 5 of IC 16-39-1 lets a provider who is a health care professional withhold requested information from the patient if the provider reasonably determines it is detrimental to the patient's physical or mental health or likely to cause the patient to harm the patient or another. Section 339 of IC 16-18-2 defines the state department as the department established by IC 16-19-1-1.
Section 1 of IC 16-19-1 establishes the Indiana department of health, which may officially be known as the Indiana department of health or the state department of health.
When LexLint raises it
When your app profile says your app handles health records.