§ 26-2-8-116 — Electronic signature involving individual health information

Indiana § 26-2-8-116

• Jurisdiction: Indiana
• Title 26: COMMERCIAL LAW
• Art. 2: COMMERCIAL TRANSACTIONS
• Ch. 8: Uniform Electronic Transactions Act

Text

(a) As used in this section, "authorization"
means a consent, an approval, or an authorization between an
individual and a person.
(b) As used in this section, "electronic identification" means the
electronic identification system for form, location, and endorsement
that is specified in subsection (d).
(c) Electronic signature authentication and identification may be
used for an individual who participates in agreements, authorizations,
contracts, records, or transactions that involve individually identifiable
health information, including medical records and record keeping,
transfer of medical records, medical billing, health care proxies, health
care directives, consent to medical treatment, medical research, and
organ and tissue donation or procurement.
(d) The electronic authentication and identification under subsection
(c) may be accomplished by an interactive system of security
procedures that include any of the following:
(1) A tamper proof electric appliance that receives input of unique
identification numbers, unique biometric identifiers, or location
devices.
(2) A computerized authentication process for biometric
identifiers that is linked to the appropriate identification numbers
upon receipt of the identifiers.
(3) Transmission of verification of the identifiers to a securely
maintained electronic repository.
No provision in this section may be construed to supersede or preempt
applicable federal and state law, including the Indiana Uniform
Electronic Transactions Act (IC 26-2-8), the Health Insurance
Portability and Accountability Act of 1996 and associated regulations,
and 21 CFR Part 11.

Legislative History

As added by P.L.77-2005, SEC.1.