(a)This section:
(1)applies to the release of medical information that may be
relevant to the prosecution or defense of a person who has been
charged with a potentially disease transmitting offense; and
(2)does not apply to the disclosure by a covered entity, business
associate acting on behalf of a covered entity, or health care
provider of medical information of an alleged perpetrator if the
covered entity, business associate, or health care provider, in good
faith, believes that the disclosure provides evidence of criminal
conduct that occurred on its premises.
(b)A:
(1)prosecuting attorney may seek to obtain access to a
defendant's medical information if the defendant has been
charged with a potentially disease transmitting offense; and
(2)defendant who has been charged with a po
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(a) This section:
(1) applies to the release of medical information that may be
relevant to the prosecution or defense of a person who has been
charged with a potentially disease transmitting offense; and
(2) does not apply to the disclosure by a covered entity, business
associate acting on behalf of a covered entity, or health care
provider of medical information of an alleged perpetrator if the
covered entity, business associate, or health care provider, in good
faith, believes that the disclosure provides evidence of criminal
conduct that occurred on its premises.
(b) A:
(1) prosecuting attorney may seek to obtain access to a
defendant's medical information if the defendant has been
charged with a potentially disease transmitting offense; and
(2) defendant who has been charged with a potentially disease
transmitting offense may seek access to the medical information
of another person if the medical information would be relevant to
the defendant's defense;
by filing a verified petition for the release of medical information with
the court.
(c) The prosecuting attorney or defendant who files a petition under
subsection (b) shall serve a copy of the petition on:
(1) the person whose medical information is sought;
(2) the guardian, guardian ad litem, or court appointed special
advocate appointed for a minor, parent, or custodian of a person
who is incompetent, if applicable; and
(3) the provider that maintains the record, or the attorney general
if the provider is a state agency;
at the time of filing in accordance with Indiana Trial Rule 4.
(d) The court shall set the matter for hearing not later than twenty
(20) days after the date of filing.
(e) If, following a hearing for release of a person's medical
information, the court finds probable cause to believe that the medical
information may be relevant to the prosecution or defense of a person
who has been charged with a potentially disease transmitting offense,
the court shall order the person having custody of the person's medical
information to release the medical information to the court.
(f) The court shall examine the person's medical information in
camera. If, after examining the medical information in camera and
considering the evidence presented at the hearing, the court finds
probable cause to believe that the medical information is relevant to the
prosecution or defense of a person who has been charged with a
potentially disease transmitting offense, the court may order the release
of a person's medical information to the petitioner.
(g) In an order issued under subsection (f), the court shall:
(1) permit the disclosure of only those parts of the person's
medical information that are essential to fulfill the objective of the
order;
(2) restrict access to the medical information to those persons
whose need for the information is the basis of the order; and
(3) include in its order any other appropriate measures to limit
disclosure of the medical information to protect the right to
privacy of the person who is the subject of the medical
information.
(h) A hearing for the release of a person's medical information may
be closed to the public. The transcript of the hearing, the court's order,
and all documents filed in connection with the hearing are confidential.
In addition, if a person's medical information is disclosed in a legal
proceeding, the court shall order the record or transcript of the
testimony to be preserved as a confidential court record.
(i) This section does not prohibit the application to medical
information of any law concerning medical information that is not
addressed by this section.