§ 16-50-1-8 — Review of records; access to records; no liability; confidentiality; review for abortion

Indiana § 16-50-1-8

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 50: MATERNAL MORTALITY REVIEW
• Ch. 1: Statewide Maternal Mortality Review Committee

Text

(a) In conducting a review under this chapter,
the statewide maternal mortality review committee shall review all
applicable records and information related to the death, including the
following:
(1) Records held by the local or state health departments,
including the death certificate.
(2) Medical records submitted by the health care provider or
health care facility.
(3) Law enforcement records.
(4) Coroner records, including an autopsy report.
(5) Mental health records.
(6) Emergency medical services reports.
(7) Subject to IC 31-33-18-2, records held by the department of
child services.
(8) To the extent allowable under state and federal law, other
records held by the state department.
(b) The following shall provide to the statewide maternal mortality
review committee, in good faith, access to records concerning a case
under review under this chapter:
(1) A health care provider, including a mental health professional.
(2) A health care facility.
(3) An individual.
(4) An entity.
(c) A person described in subsection (b) that provides access to
records in good faith under this section is not subject to liability in:
(1) a civil;
(2) an administrative;
(3) a disciplinary; or
(4) a criminal;
action that might otherwise be imposed as a result of the disclosure.
(d) Except as otherwise provided under this chapter, information
and records acquired and interviews conducted by the statewide
maternal mortality review committee in the exercise of the committee's
duties under this chapter are confidential and exempted from
disclosure.
(e) Records, information, documents, and reports acquired or
produced by the statewide maternal mortality review committee are
not:
(1) subject to subpoena or discovery; or
(2) admissible as evidence;
in any judicial or administrative proceeding. Information that is
otherwise discoverable or admissible from original sources is not
immune from discovery or use in any proceeding merely because the
information was presented during proceedings before the statewide
maternal mortality review committee.
(f) The statewide maternal mortality review committee members
and individuals who attend a statewide maternal mortality review
committee meeting at the invitation of the chairperson shall maintain
the confidentiality of records and information discussed and
disseminated during the statewide maternal mortality review committee
meeting.
(g) In reviewing the medical records and mental health records
submitted by the health care provider or health care facility under this
section, the statewide maternal mortality review committee shall
determine:
(1) whether an abortion was performed on the individual and if
so, whether the abortion contributed or was otherwise related to
the maternal death; or
(2) whether a miscarriage occurred and, if so, whether the
miscarriage contributed or was otherwise related to the maternal
death.
Any finding by the statewide maternal mortality review committee that
an abortion contributed to or was a related factor of the maternal
mortality must be compiled and included in the annual report submitted
under section 9 of this chapter.

Legislative History

As added by P.L.48-2018, SEC.3. Amended by P.L.65-2021, SEC.5.