Indiana § 27-2-19-8 Obtaining medical records and reports in claims for bodily injury

Indiana Statutes

§ 27-2-19-8 — Obtaining medical records and reports in claims for bodily injury

Indiana·Title 27 INSURANCE·Art. 2 POWERS AND DUTIES OF INSURERS·Ch. 19 Fraud Investigation Information Exchange

(a)A law enforcement agency, insurer, or governmental agency who has obtained the names and addresses of a claimant's medical providers under section 6(b) of this chapter may obtain the claimant's medical records and medical reports from any other law enforcement agency, insurer, or governmental agency:

(1)with the prior authorization or release of the injured claimant; or

(2)without the prior authorization or release of the injured claimant if:

(A)there is a reasonable belief that the mere request for authorization or a release will hinder a fraud investigation; and

(B)a verified application is presented to the circuit court, superior court, or probate court in the county where the application or claim is presented that sets forth:

(i)probable cause for the need to obtain the medica

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(a) A law enforcement agency, insurer, or
governmental agency who has obtained the names and addresses of a
claimant's medical providers under section 6(b) of this chapter may
obtain the claimant's medical records and medical reports from any
other law enforcement agency, insurer, or governmental agency:
(1) with the prior authorization or release of the injured claimant;
or
(2) without the prior authorization or release of the injured
claimant if:
(A) there is a reasonable belief that the mere request for
authorization or a release will hinder a fraud investigation; and
(B) a verified application is presented to the circuit court,
superior court, or probate court in the county where the
application or claim is presented that sets forth:
(i) probable cause for the need to obtain the medical records
and medical reports and medical related information
contained in the medical records and medical reports without
obtaining the proper release or authorization; and
(ii) the specific medical records and medical reports and
medical related information contained in the medical records
and medical reports requested.
(b) The court, upon review of the information presented in
subsection (a), may issue an order authorizing the law enforcement
agency, insurer, or governmental agency to release the medical records
and medical reports and the medical related information contained in
the medical records and reports requested.

Indiana § 27-2-19-8 (Obtaining medical records and reports in claims for bodily injury) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.