Indiana § 12-10-13-16.4 Ombudsman; access to medical, financial, and social records of
resident or client; consent

Indiana Statutes

§ 12-10-13-16.4 — Ombudsman; access to medical, financial, and social records of resident or client; consent

Indiana § 12-10-13-16.4

Art. 10AGING SERVICES

Ch. 13Long Term Care Ombudsman Program

This text of Indiana § 12-10-13-16.4 (Ombudsman; access to medical, financial, and social records of resident or client; consent) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 12-10-13-16.4 (2026).

Text

4.

(a)An ombudsman must be provided access to a resident's medical, financial, and social records. Except as provided in subsections (c) and (d), the ombudsman must obtain consent under subsection (b) before having access to the records.

(b)Consent to have access to a resident's medical, financial, and social records shall be given in one (1) of the following forms:

(1)In writing by the resident.

(2)Orally by the resident.

(3)Through the use of auxiliary aids and services.

(4)In writing by the legal representative of the resident if:

(A)the resident is incapable of giving consent, as determined by the attending physician or as otherwise determined under state law; and

(B)the legal representative has the authority to give consent.

(5)Visually by the resident.

(c)If consent to have

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4. (a) An ombudsman must be provided
access to a resident's medical, financial, and social records. Except as
provided in subsections (c) and (d), the ombudsman must obtain
consent under subsection (b) before having access to the records.
(b) Consent to have access to a resident's medical, financial, and
social records shall be given in one (1) of the following forms:
(1) In writing by the resident.
(2) Orally by the resident.
(3) Through the use of auxiliary aids and services.
(4) In writing by the legal representative of the resident if:
(A) the resident is incapable of giving consent, as determined
by the attending physician or as otherwise determined under
state law; and
(B) the legal representative has the authority to give consent.
(5) Visually by the resident.
(c) If consent to have access to a resident's medical, financial, and
social records cannot be obtained under subsection (b), an ombudsman
may inspect the records of a resident if the resident is incapable of
giving consent, as determined by the attending physician or as
otherwise determined under state law, and:
(1) has no legal representative;
(2) has a legal representative but the legal representative cannot
be contacted within three (3) days; or
(3) has a legal representative but the legal representative does not
have the authority to give consent to have access to the records.
(d) If an ombudsman has:
(1) been denied access to a resident's medical, financial, and
social records by the resident's legal representative;
(2) reasonable cause to believe that the resident's legal
representative is not acting in the best interests of the resident;
and
(3) received written approval from the state ombudsman;
the ombudsman may inspect the records of the resident.