Indiana § 34-30-15.5-4 Confidentiality; exceptions

Indiana Statutes

§ 34-30-15.5-4 — Confidentiality; exceptions

Indiana § 34-30-15.5-4

Title 34CIVIL LAW AND PROCEDURE

Art. 30IMMUNITY FROM CIVIL LIABILITY

Ch. 15.5Health Care: Wellness Programs for Physicians

This text of Indiana § 34-30-15.5-4 (Confidentiality; exceptions) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 34-30-15.5-4 (2026).

Text

(a)Subject to subsection (f), all verbal communication belonging to or performed as part of a wellness program are confidential and privileged and may not be used in any administrative or judicial proceeding.

(b)Subject to subsection (f), all minutes, records, reports, written expert opinions, written communications, and other comparable memoranda created or prepared by a wellness program are confidential and privileged and may not be used in any administrative or judicial proceeding.

(c)Subject to section 8 of this chapter, neither the personnel of a wellness program nor any participant in a wellness program may reveal the content of any wellness program:

(1)communication;

(2)record; or

(3)determination; to any person or entity outside of the wellness program.

(d)Subject to subsect

Free access — add to your briefcase to read the full text and ask questions with AI

(a) Subject to subsection (f), all verbal
communication belonging to or performed as part of a wellness
program are confidential and privileged and may not be used in any
administrative or judicial proceeding.
(b) Subject to subsection (f), all minutes, records, reports, written
expert opinions, written communications, and other comparable
memoranda created or prepared by a wellness program are confidential
and privileged and may not be used in any administrative or judicial
proceeding.
(c) Subject to section 8 of this chapter, neither the personnel of a
wellness program nor any participant in a wellness program may reveal
the content of any wellness program:
(1) communication;
(2) record; or
(3) determination;
to any person or entity outside of the wellness program.
(d) Subject to subsection (f), a person who comprises, attends, or
otherwise participates in a wellness program must invoke the
confidentiality and privilege provisions described in this section during
all administrative and judicial proceedings.
(e) The production, disclosure, or discovery of any confidential or
privileged information belonging to a wellness program is:
(1) subject to IC 16-39-3; and
(2) protected by the privilege and confidentiality provisions
established under this chapter.
(f) A court of competent jurisdiction may order the release of
confidential or privileged information belonging to a wellness program
only after conducting a hearing and the court finds by a preponderance
of the evidence that:
(1) other reasonable methods of obtaining the information are not
available or would not be effective; and
(2) the need for disclosure outweighs the potential harm to the
patient. In weighing the potential harm to the patient, the court
shall consider the impact of disclosure on the provider-patient
privilege and the patient's rehabilitative process.
A court mandating the discovery of confidential or privileged
information under this subsection must do so via written court order.
(g) Information that is otherwise discoverable or admissible from
original sources outside of the wellness group is not confidential,
privileged, or otherwise immune from discovery or use in any
administrative or judicial proceeding merely because it was presented
or used during a wellness group proceeding.