§ 16-39-1-3 — Request for patient's health records; who may request

Indiana § 16-39-1-3

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

Text

(a) Health records may be requested by a
competent patient if the patient is:
(1) emancipated and less than eighteen (18) years of age; or
(2) at least eighteen (18) years of age.
(b) If a patient is incompetent, the request for health records may be
made by the parent, guardian, or custodian of the patient.
(c) Health records of a deceased patient may be requested:
(1) by a coroner under IC 36-2-14-21 or by the personal
representative of the patient's estate;
(2) if the estate of the deceased patient does not have a personal
representative, by the spouse of the deceased patient;
(3) if the deceased patient does not have a surviving spouse and
the deceased patient's estate does not have a personal
representative, by:
(A) a child of the deceased patient; or
(B) the parent, guardian, or custodian of the child of the
deceased patient if the child of the deceased patient is
incompetent;
(4) if the deceased patient was an incapacitated person for whom
a guardian had been appointed under IC 29-3 or the law of
another state, by the guardian of the deceased patient, except as
provided in subsection (d); or
(5) if the deceased patient does not have a surviving spouse or
child, and the deceased patient's estate does not have a personal
representative, by any responsible member of the family.
(d) If:
(1) the deceased patient was an incapacitated person subject to a
guardianship at the time of the patient's death; and
(2) a personal representative of the estate of the deceased patient
is appointed under IC 29-1-7;
the guardian of the deceased patient may not request health records of
the deceased patient under subsection (c)(4).
[Pre-1993 Recodification Citation: 16-4-8-3.]

Legislative History

As added by P.L.2-1993, SEC.22. Amended by P.L.28-2002, SEC.1; P.L.240-2017, SEC.1; P.L.45-2020, SEC.7.