§ 16-39-5-2 — Patient's written consent to insurer to obtain records or medical information

Indiana § 16-39-5-2

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 39: HEALTH RECORDS
• Ch. 5: Release of Health Records to Third Parties and for

Text

(a) Except as provided in IC 16-39-2, IC 16-39-3, IC 16-39-4, and subsection (d), this article does not prohibit
an accident and sickness insurance company (as defined in IC 27-8-5-1) from obtaining health records or medical information with a
written consent executed at the time of receiving an application for
insurance or at any other time. Such consent may be used at any time
for legitimate accident and sickness insurance purposes.
(b) A written consent to obtain health records or medical
information obtained at the time of application by an insurance
company making any of the types of insurance not defined in IC 27-8-5
may be used for any legitimate insurance purposes for up to two (2)
years from the date the contract is issued. A written consent obtained
at any other time by an insurance company not defined in IC 27-8-5
may be used for up to one (1) year after the date the consent was
signed. A copy of all health records or medical information obtained by
an insurance company, other than a life insurance company (as defined
in IC 27-1-2-3(s)), by means of the written consent of the patient under
this subsection shall be furnished to the patient by the insurance
company upon the written request of the patient.
(c) Consents obtained by any insurance company need only contain
the following:
(1) Name of the insured.
(2) Date the consent is granted.
(3) Name of the company to which consent is given to receive
information.
(4) General nature of the information that may be secured by use
of the consent.
(d) Except as provided in subsection (e), an insurance company
other than a life insurance company (as defined in IC 27-1-2-3(s)) may
not obtain the results of any genetic screening or testing (as defined in
IC 27-8-26-2) without a separate written consent by an individual at the
time of application for insurance or at any other time. The form on
which an individual indicates written consent must:
(1) indicate in at least 10 point boldface type that the individual
need not consent to releasing the results of any genetic testing or
screening; and
(2) be approved by the commissioner before use.
(e) An insurance company other than a life insurance company (as
defined in IC 27-1-2-3(s)) is not liable if the insurance company:
(1) inadvertently receives the results of any genetic testing or
screening (as defined in IC 27-8-26-2); and
(2) has not obtained a separate written consent as required under
subsection (d).
An insurance company that inadvertently receives testing or screening
results may not use the genetic testing or screening results in violation
of IC 27-8-26.
[Pre-1993 Recodification Citation: 16-4-8-5(b), (c),
(d).]

Legislative History

As added by P.L.2-1993, SEC.22. Amended by P.L.1-1994, SEC.89; P.L.150-1997, SEC.1.