§ 16-39-5-3 — Provider's use of records; confidentiality; violations

(a) As used in this section, "association" refers
to an Indiana hospital trade association founded in 1921.
(b) As used in this section, "data aggregation" means a combination
of information obtained from the health records of a provider with
information obtained from the health records of one (1) or more other
providers to permit data analysis that relates to the health care
operations of the providers.
(c) Except as provided in IC 16-39-4-5, the original health record of
the patient is the property of the provider and as such may be used by
the provider without specific written authorization for legitimate
business purposes, including the following:
(1) Submission of claims for payment from third parties.
(2) Collection of accounts.
(3) Litigation defense.
(4) Quality assurance.
(5) Peer review.
(6) Scientific, statistical, and educational purposes.
(d) In use under subsection (c), the provider shall at all times protect
the confidentiality of the health record and may disclose the identity of
the patient only when disclosure is essential to the provider's business
use or to quality assurance and peer review.
(e) A provider or the Indiana archives and records administration
may disclose a health record to another provider or to a nonprofit
research organization to be used in connection with a scientific,
statistical, or educational project. Each party that receives information
from a health record in connection with the joint project shall protect
the confidentiality of the health record and may not disclose the
patient's identity except as allowed under this article.
(f) A provider may disclose a health record or information obtained
from a health record to the association for use in connection with a data
aggregation project undertaken by the association. However, the
provider may disclose the identity of a patient to the association only
when the disclosure is essential to the project. The association may
disclose the information it receives from a provider under this
subsection to the state department to be used in connection with a
public health activity or data aggregation of inpatient and outpatient
discharge information submitted under IC 16-21-6-6. The information
disclosed by:
(1) a provider to the association; or
(2) the association to the state department;
under this subsection is confidential.
(g) Information contained in final results obtained by the state
department for a public health activity that:
(1) is based on information disclosed under subsection (f); and
(2) identifies or could be used to determine the identity of a
patient;
is confidential. All other information contained in the final results is
not confidential.
(h) Information that is:
(1) advisory or deliberative material of a speculative nature; or
(2) an expression of opinion;
including preliminary reports produced in connection with a public
health activity using information disclosed under subsection (f), is
confidential and may only be disclosed by the state department to the
association and to the provider who disclosed the information to the
association.
(i) The association shall, upon the request of a provider that
contracts with the association to perform data aggregation, make
available information contained in the final results of data aggregation
activities performed by the association in compliance with subsection
(f).
(j) A person who recklessly violates or fails to comply with
subsections (e) through (h) commits a Class C infraction. Each day a
violation continues constitutes a separate offense.
(k) This chapter does not do any of the following:
(1) Repeal, modify, or amend any statute requiring or authorizing
the disclosure of information about any person.
(2) Prevent disclosure or confirmation of information about
patients involved in incidents that are reported or required to be
reported to governmental agencies and not required to be kept
confidential by the governmental agencies.
[Pre-1993 Recodification Citation: 16-4-8-8.]

Legislative History

As added by P.L.2-1993, SEC.22. Amended by P.L.102-1994, SEC.7; P.L.103-1994, SEC.1; P.L.2-1995, SEC.73; P.L.231-1999, SEC.15; P.L.44-2002, SEC.5; P.L.78-2004, SEC.23; P.L.45-2020, SEC.9.