§ 16-39-4-2 — "Primary caregiver"; written request from relative or guardian for information; provision of mental health records to a school

Indiana § 16-39-4-2

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 39: HEALTH RECORDS
• Ch. 4: Provision of Mental Health Information

Text

(a) As used in this section, "primary caregiver"
means an individual who provides for the physical, emotional, and
social needs of another individual who cannot provide for the other
individual's own needs.
(b) Upon the written request of a patient's:
(1) spouse;
(2) parent if:
(A) the patient does not have a spouse; or
(B) the parent is the primary caregiver to the patient;
(3) adult child if the patient has neither a spouse nor a parent;
(4) sibling if the patient has neither a spouse, a parent, nor an
adult child; or
(5) guardian, guardian ad litem, or court appointed special
guardian;
who is involved in the planning, provision, and monitoring of mental
health services delivered to the patient and the written consent of the
treating physician for the patient, the provider shall provide the
individual described in subdivision (1), (2), (3), (4), or (5) with the
information described in section 3 of this chapter.
(c) Upon the written request of the parent, guardian, or court
appointed special guardian who is involved in the planning, provision,
and monitoring of the mental health of a child enrolled in a school, the
provider shall provide the child's school principal or school leader with
information described in section 3 of this chapter without charge.
(d) A parent, guardian, guardian ad litem, or court appointed special
guardian who prepares a written request under this section shall sign
an authorization for the release of mental health records, as may be
requested by the provider in satisfaction of any requirements under the
federal Health Insurance Portability and Accountability Act (42 U.S.C.
201 et seq., as amended and including governing regulations) and state
law. A provider that discloses information and records to a school
principal or school leader as requested under this chapter is immune
from civil, criminal, and administrative liability for the disclosure to
the school principal or school leader. The authorization required by the
provider may confirm the provider's immunity.
[Pre-1993 Recodification Citation: 16-4-8-3.3(b).]

Legislative History

As added by P.L.2-1993, SEC.22. Amended by P.L.189-1995, SEC.2; P.L.41-2014, SEC.1.