§ 16-21-6-7 — Fiscal and patient information reports; personal identification of patients; public inspection; copies

(a) The reports filed under section 3 of this
chapter:
(1) may not contain information that personally identifies a
patient or a consumer of health services; and
(2) must be open to public inspection.
(b) The state department shall provide copies of the reports filed
under section 3 of this chapter to the public upon request, at the state
department's actual cost.
(c) The following apply to information that is filed with the state
department, or the state department's designated contractor, or
transferred to the state department by the state department's designated
contractor under section 6 of this chapter:
(1) Except as provided in subsection (e), the information is
confidential.
(2) The information must be transferred by the contractor to the
state department in a format determined by the state department.
(d) An analysis completed by the state department of information
that is filed under section 6 of this chapter:
(1) may not contain information that personally identifies or may
be used to personally identify a patient or consumer of health
services, unless the information is determined by the state
department to be necessary for a public health activity;
(2) must be open to public inspection; and
(3) must be provided to the public by the state department upon
request at the state department's actual cost.
(e) Information provided under section 6 of this chapter may be
released or made public by the state department only if at least one (1)
of the following circumstances applies:
(1) The use of the information by the state department:
(A) is to comply with the requirements of this chapter; or
(B) is released for statistical purposes in a manner that does not
identify an individual.
(2) At the state department's discretion, for research purposes
with identifiable information being released only if:
(A) the person requesting the information states in writing to
the state department:
(i) the purpose, including any intent to publish findings, and
the nature of the data sought;
(ii) the personal information that is required; and
(iii) the safeguards the person will take to protect the identity
of the data subjects;
(B) the proposed safeguards in clause (A)(iii) are adequate to
prevent the identity of an individual data subject from being
known;
(C) the researcher executes an agreement with the state
department, on a form approved by the oversight committee on
public records, that:
(i) incorporates the safeguards for the protection of individual
data subjects;
(ii) defines the scope of the research project; and
(iii) informs the researcher that failure to abide by the
conditions of the approved agreement constitutes a breach of
contract and could result in civil litigation by the data subject;
(D) the researcher agrees to pay any costs of the research; and
(E) the state department maintains a copy of the agreement or
contract for the life of the record.
[Pre-1993 Recodification Citation: 16-10-5-3.]

Legislative History

As added by P.L.2-1993, SEC.4. Amended by P.L.44-2002, SEC.4; P.L.78-2004, SEC.22; P.L.208-2015, SEC.8.