SB 18-3_ Filed 02/23/2006, 11:10 Brown T


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 18 be amended to read as follows:

    Delete the title and insert the following:
    A BILL FOR AN ACT to amend the Indiana Code concerning health.

SOURCE: Page 1, line 1; (06)MO001804.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 11-10-4-9; (06)MO001804.1. -->     "SECTION 1. IC 11-10-4-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 9. (a) As used in this section, "mental health record" has the meaning set forth in IC 16-18-2-226.
    (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 center.
    (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.".

SOURCE: Page 2, line 24; (06)MO001804.2. -->     Page 2, between lines 24 and 25, begin a new paragraph and insert:
SOURCE: IC 16-39-2-6; (06)MO001804.7. -->     "SECTION 7. IC 16-39-2-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. (a) Without the consent of the patient, the patient's mental health record may only be disclosed as follows:
        (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.
SOURCE: IC 16-39-5-3; (06)MO001804.8. -->     SECTION 8. IC 16-39-5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) As used in this section,"association" refers to an Indiana hospital trade association founded in 1921.
    (b) As used in this section, "data aggregation" means a combination of information obtained from the health records of a provider with 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.
    (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.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 18 as printed February 17, 2006.)



________________________________________

Representative Brown T


MO001804/DI 77     2006