§ 16-39-1-1 — Right of access; written requests; deadline for complying with written requests

Indiana § 16-39-1-1

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 39: HEALTH RECORDS
• Ch. 1: Release of Health Records to Patient and Authorized

Text

(a) This section applies to all health records
except mental health records, which are governed by IC 16-39-2, IC 16-39-3, and IC 16-39-4.
(b) This article applies to all health records, except:
(1) records regarding communicable diseases, which are governed
by IC 16-41-8-1; or
(2) records regarding alcohol and other drug abuse patient
records, which are governed by 42 CFR, Part 2.
(c) On written request and reasonable notice, a provider shall supply
to a patient the health records possessed by the provider concerning the
patient. Subject to 15 U.S.C. 7601 et seq. and 16 CFR Part 315,
information regarding contact lenses must be given using the following
guidelines:
(1) After the release of a patient from an initial fitting and
follow-up period of not more than six (6) months, the contact lens
prescription must be released to the patient at the patient's
request.
(2) A prescription released under subdivision (1) must contain all
information required to properly duplicate the contact lenses.
(3) A contact lens prescription must include the following:
(A) An expiration date of one (1) year.
(B) The number of refills permitted.
(4) Instructions for use must be consistent with:
(A) recommendations of the contact lens manufacturer;
(B) clinical practice guidelines; and
(C) the professional judgment of the prescribing optometrist or
physician licensed under IC 25-22.5.
After the release of a contact lens prescription under this subsection,
liability for future fittings or dispensing of contact lenses under the
original prescription lies with the dispensing company or practitioner.
(d) On a patient's written request and reasonable notice, a provider
shall furnish to the patient or the patient's designee the following:
(1) A copy of the patient's health record used in assessing the
patient's health condition.
(2) At the option of the patient, the pertinent part of the patient's
health record relating to a specific condition, as requested by the
patient.
(e) Subject to section 5 of this chapter, a provider shall provide the
health records requested under this section within thirty (30) days after
the date the written request is made, unless the provider:
(1) within the initial thirty (30) days, seeks an extension of not
more than thirty (30) days; and
(2) informs the patient in writing of the reasons for the extension
and the date by which the provider will provide the health
records.
Health records requested under this section must be provided as soon
as practicably possible.
(f) In addition to any action taken under IC 16-19-3-18, the state
department may impose a fine against a provider not to exceed five
thousand dollars ($5,000) for not complying with the requirements of
this section.
[Pre-1993 Recodification Citation: 16-4-8-2.]

Legislative History

As added by P.L.2-1993, SEC.22. Amended by P.L.40-1994, SEC.66; P.L.102-1994, SEC.1; P.L.2-1995, SEC.72; P.L.108-1996, SEC.4; P.L.157-2006, SEC.4; P.L.196-2021, SEC.12.