§ 12-24-11-2 — Patient with developmental disability; release to local agency serving such needs in residing area; authorization; form; requisites

(a) This section applies to an individual who
has a primary diagnosis of developmental disability.
(b) Action contemplated by a patient under this section includes
action by the patient's parent or guardian if the patient is not competent.
(c) If a patient is admitted to a state institution, the staff of the state
institution shall, before the patient is discharged, ask the patient
whether the patient's medical and treatment records may be sent to a
service coordinator employed by the division of disability and
rehabilitative services under IC 12-11-2.1 so the service coordinator
may send the records to local agencies serving the needs of individuals
with a developmental disability in the area in which the patient will
reside.
(d) If a patient agrees to release the records, the patient shall sign a
form permitting the state institution to release to a service coordinator
employed by the division of disability and rehabilitative services under
IC 12-11-2.1 a copy of the patient's medical and treatment records to
forward to local agencies serving the needs of individuals with a
developmental disability in the area in which the patient will reside.
The form must read substantially as follows:
(e) If a patient knowingly signs the form for the release of medical
records under subsection (d), a service coordinator employed by the
division of disability and rehabilitative services under IC 12-11-2.1
shall allow local agencies serving the needs of individuals with a
developmental disability in the area in which the patient will reside to
obtain the following:
(1) The patient's name.
(2) The address of the patient's intended residence.
(3) The patient's medical records.
(4) A complete description of the treatment the patient was
receiving at the state institution at the time of the patient's
discharge.
(f) If the local agency does not obtain a patient's records, the state
institution shall deliver the medical records to the local agency before
or at the time the patient is discharged.
(g) If a patient does not agree to permit the release of the patient's
medical and treatment records, the service coordinator shall deliver:
(1) the patient's name; and
(2) the address of the patient's intended residence;
to local agencies serving the needs of individuals with a developmental
disability in the area in which the patient will reside before or at the
time the patient is discharged.
[Pre-1992 Revision Citation: 16-14-28-1(b).]

Legislative History

As added by P.L.2-1992, SEC.18. Amended by P.L.4-1993, SEC.200; P.L.5-1993, SEC.213; P.L.24-1997, SEC.55; P.L.272-1999, SEC.45; P.L.141-2006, SEC.65; P.L.99-2007, SEC.117.