Citations Affected: IC 11-10; IC 12-24; IC 16-33; IC 16-39.
January 9, 2006, read first time and referred to Committee on Rules and Legislative
Procedure.
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
center.
intent of the chapter to hold a patient's estate liable for payment.
information obtained from the health records of one (1) or more other
providers to permit data analysis that relates to the health care
operations of the providers.
Effective: Upon passage; July 1, 2006.
(HOUSE SPONSORS _ BROWN T, BROWN C)
January 19, 2006, amended; reassigned to Committee on Health and Provider Services.
January 26, 2006, reported favorably _ Do Pass.
January 30, 2006, read second time, ordered engrossed. Engrossed.
January 31, 2006, read third time, passed. Yeas 50, nays 0.
February 7, 2006, read first time and referred to Committee on Public Health.
February 16, 2006, reported _ Do Pass.
February 23, 2006, read second time, amended, ordered engrossed.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2005 Regular Session of the General Assembly.
(b) A psychiatrist or a mental health facility may, with or
without the offender's consent, provide a copy of an offender's
mental health record to a facility or an agency responsible for the
incarceration of an offender. Any mental health records provided
under this subsection shall become part of the offender's health
record maintained by the facility or agency responsible for the
incarceration of an offender.
(c) If an offender is transferred to a different facility, the
offender's mental health records must be provided to the facility
that is used to:
(1) house; or
(2) provide mental health treatment to;
the offender, including a county jail or a community mental health
(d) The department shall maintain health records for each
offender incarcerated by the department. After an offender is
released from incarceration, the department shall provide the
offender's mental health records, if any, to a mental health facility
or mental health provider who is providing mental health
treatment to the offender.
patient
in a state institution and the responsible parties of the patient,
individually or collectively, shall pay for the ensuing fiscal year an
amount not to exceed the per capita cost at that state institution.
establish a charge structure for institutional services and
treatment. The charge structure must be approved by the director
of the division before July 1 of each year and, once approved, the
charge structure must be effective for the following state fiscal
year.
(b) Except as provided in section 5 of this chapter, each patient in
a state institution and the responsible parties, individually or
collectively, are liable for the payment of the cost of charges for the
treatment and maintenance of the patient.
in an amount not to exceed the cost of treatment
and maintenance of the patient, shall be assigned to the appropriate
division.
cost charge as determined under this chapter.
of the cost of the charges as determined under this chapter
for the service. The estate is exempt from the requirements of section
10 of this chapter or any part of this chapter directly in conflict with the
expenses charges under this article shall be
made by the division or a unit of the division designated by the
director.
(1) remain open to treat students; and
(2) continue to be funded by the state.
(1) To individuals who meet the following conditions:
(A) Are employed by:
(i) the provider at the same facility or agency;
(ii) a managed care provider (as defined in
IC 12-7-2-127(b)); or
(iii) a health care provider or mental health care provider, if
the mental health records are needed to provide health care
or mental health services to the patient.
(B) Are involved in the planning, provision, and monitoring of
services.
(2) To the extent necessary to obtain payment for services
rendered or other benefits to which the patient may be entitled, as
provided in IC 16-39-5-3.
(3) To the patient's court appointed counsel and to the Indiana
protection and advocacy services commission.
(4) For research conducted in accordance with IC 16-39-5-3 and
the rules of the division of mental health and addiction, the rules
of the division of disability, aging, and rehabilitative services, or
the rules of the provider.
(5) To the division of mental health and addiction for the purpose
of data collection, research, and monitoring managed care
providers (as defined in IC 12-7-2-127(b)) who are operating
under a contract with the division of mental health and addiction.
(6) To the extent necessary to make reports or give testimony
required by the statutes pertaining to admissions, transfers,
discharges, and guardianship proceedings.
(7) To a law enforcement agency if any of the following
conditions are met:
(A) A patient escapes from a facility to which the patient is
committed under IC 12-26.
(B) The superintendent of the facility determines that failure
to provide the information may result in bodily harm to the
patient or another individual.
(C) A patient commits or threatens to commit a crime on
facility premises or against facility personnel.
(D) A patient is in the custody of a law enforcement officer or
agency for any reason and:
(i) the information to be released is limited to medications
currently prescribed for the patient or to the patient's history
of adverse medication reactions; and
(ii) the provider determines that the release of the
medication information will assist in protecting the health,
safety, or welfare of the patient.
Mental health records released under this clause must be
maintained in confidence by the law enforcement agency
receiving them.
(8) To a coroner or medical examiner, in the performance of the
individual's duties.
(9) To a school in which the patient is enrolled if the
superintendent of the facility determines that the information will
assist the school in meeting educational needs of a person with a
disability under 20 U.S.C. 1400 et seq.
(10) To the extent necessary to satisfy reporting requirements
under the following statutes:
(A) IC 12-10-3-10.
(B) IC 12-17-2-16.
(C) IC 12-24-17-5.
(D) IC 16-41-2-3.
(E) IC 31-33-5-4.
(F) IC 34-30-16-2.
(G) IC 35-46-1-13.
(11) To the extent necessary to satisfy release of information
requirements under the following statutes:
(A) IC 11-10-4-9.
(A) (B) IC 12-24-11-2.
(B) (C) IC 12-24-12-3, IC 12-24-12-4, and IC 12-24-12-6.
(C) (D) IC 12-26-11.
(12) To another health care provider in a health care emergency.
(13) For legitimate business purposes as described in
IC 16-39-5-3.
(14) Under a court order under IC 16-39-3.
(15) With respect to records from a mental health or
developmental disability facility, to the United States Secret
Service if the following conditions are met:
(A) The request does not apply to alcohol or drug abuse
records described in 42 U.S.C. 290dd-2 unless authorized by
a court order under 42 U.S.C. 290dd-2(b)(2)(c).
(B) The request relates to the United States Secret Service's
protective responsibility and investigative authority under 18
U.S.C. 3056, 18 U.S.C. 871, or 18 U.S.C. 879.
(C) The request specifies an individual patient.
(D) The director or superintendent of the facility determines
that disclosure of the mental health record may be necessary
to protect a person under the protection of the United States
Secret Service from serious bodily injury or death.
(E) The United States Secret Service agrees to only use the
mental health record information for investigative purposes
and not disclose the information publicly.
(F) The mental health record information disclosed to the
United States Secret Service includes only:
(i) the patient's name, age, and address;
(ii) the date of the patient's admission to or discharge from
the facility; and
(iii) any information that indicates whether or not the patient
has a history of violence or presents a danger to the person
under protection.
(16) To the statewide waiver ombudsman established under
IC 12-11-13, in the performance of the ombudsman's duties.
(b) After information is disclosed under subsection (a)(15) and if the
patient is evaluated to be dangerous, the records shall be interpreted in
consultation with a licensed mental health professional on the staff of
the United States Secret Service.
(c) A person who discloses information under subsection (a)(7) or
(a)(15) in good faith is immune from civil and criminal liability.
(b) As used in this section, "data aggregation" means a combination
of information obtained from the health records of a provider with
(c) Except as provided in IC 16-39-4-5, the original health record of
the patient is the property of the provider and as such may be used by
the provider, including a previous or subsequent provider, without
specific written authorization for legitimate business purposes,
including the following:
(1) Submission of claims for payment from third parties.
(2) Collection of accounts.
(3) Litigation defense.
(4) Quality assurance.
(5) Peer review.
(6) Scientific, statistical, and educational purposes.
(d) In use under subsection (c), the provider shall at all times protect
the confidentiality of the health record and may disclose the identity of
the patient only when disclosure is essential to the provider's business
use or to quality assurance and peer review.
(e) A provider may disclose a health record to another provider or
to a nonprofit medical research organization to be used in connection
with a joint scientific, statistical, or educational project. Each party that
receives information from a health record in connection with the joint
project shall protect the confidentiality of the health record and may not
disclose the patient's identity except as allowed under this article.
(f) A provider may disclose a health record or information obtained
from a health record to the association for use in connection with a data
aggregation project undertaken by the association. However, the
provider may disclose the identity of a patient to the association only
when the disclosure is essential to the project. The association may
disclose the information it receives from a provider under this
subsection to the state department to be used in connection with a
public health activity or data aggregation of inpatient and outpatient
discharge information submitted under IC 16-21-6-6. The information
disclosed by:
(1) a provider to the association; or
(2) the association to the state department;
under this subsection is confidential.
(g) Information contained in final results obtained by the state
department for a public health activity that:
(1) is based on information disclosed under subsection (f); and
(2) identifies or could be used to determine the identity of a
patient;
is confidential. All other information contained in the final results is
not confidential.
(h) Information that is:
(1) advisory or deliberative material of a speculative nature; or
(2) an expression of opinion;
including preliminary reports produced in connection with a public
health activity using information disclosed under subsection (f), is
confidential and may only be disclosed by the state department to the
association and to the provider who disclosed the information to the
association.
(i) The association shall, upon the request of a provider that
contracts with the association to perform data aggregation, make
available information contained in the final results of data aggregation
activities performed by the association in compliance with subsection
(f).
(j) A person who recklessly violates or fails to comply with
subsections (e) through (h) commits a Class C infraction. Each day a
violation continues constitutes a separate offense.
(k) This chapter does not do any of the following:
(1) Repeal, modify, or amend any statute requiring or authorizing
the disclosure of information about any person.
(2) Prevent disclosure or confirmation of information about
patients involved in incidents that are reported or required to be
reported to governmental agencies and not required to be kept
confidential by the governmental agencies.
; (06)ES0018.2.10. -->
SECTION 10. THE FOLLOWING ARE REPEALED [EFFECTIVE
UPON PASSAGE]: IC 12-24-13-3; IC 12-24-13-8; IC 12-24-13-9.