Second Regular Session 112th General Assembly (2002)
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
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
this style type
between statutes enacted by the 2001 General Assembly.
HOUSE ENROLLED ACT No. 1200
AN ACT to amend the Indiana Code concerning health.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 16-18-2-91.3; (02)HE1200.1.1. -->
SECTION 1. IC 16-18-2-91.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 91.3. "Data aggregation" has the
meaning set forth in IC 16-39-5-3(b).
SOURCE: IC 16-18-2-168; (02)HE1200.1.2. -->
SECTION 2. IC 16-18-2-168, AS AMENDED BY P.L.127-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 168. (a) "Health records", for purposes of
IC 16-39, means written, electronic, or printed information possessed
by a provider concerning any diagnosis, treatment, or prognosis of the
patient. The term includes mental health records and alcohol and drug
(b) For purposes of
IC 16-39-5-3(d), IC 16-39-5-3(e), the term
includes information that describes services provided to a patient and
a provider's charges for services provided to a patient.
(c) The term does not include information concerning emergency
ambulance services described in IC 16-31-2-11(d).
SOURCE: IC 16-21-6-6; (02)HE1200.1.3. -->
SECTION 3. IC 16-21-6-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 6.
In addition to the
report filed under section 3 of this chapter, each hospital shall, not
more than one hundred twenty (120) days after the end of each
file with the state department,
before May 1 of each
year a report for the hospital's preceding calendar year disclosing the
following or the state department's designated contractor, inpatient
and outpatient discharge information on a form at the patient level,
in a format prescribed by the state health commissioner, including the
(1) The number of inpatient and outpatient admissions and
discharges by patient, diagnosis including:
(A) Medicare admissions;
(B) Medicaid admissions;
(C) admissions under a local government program;
(D) charity care admissions; and
(E) any other type of admission.
(2) (1) The average patient patient's:
(A) length of stay;
by patient diagnosis.
(B) diagnoses and surgical procedures performed during
the patient's stay;
(C) date of:
(ii) discharge; and
(D) type of admission;
(E) admission source;
(H) discharge disposition; and
(I) payor, including:
(iii) a local government program;
(iv) commercial insurance;
(v) self-pay; and
(vi) charity care.
(2) The total charge for the patient's stay.
Average charge for each discharge by patient diagnosis. The
ZIP code of the patient's residence.
(4) Daily room rates.
(5) Number of primary surgical procedures.
(b) The data required to be disclosed under subsection (a) shall be
reported for each major payor category, including Medicare, Medicaid,
and private paying patients.
SOURCE: IC 16-21-6-7; (02)HE1200.1.4. -->
SECTION 4. IC 16-21-6-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 7. (a) The reports filed
sections section 3 and 6 of this chapter:
(1) may not contain information that personally identifies a
patient or a consumer of health services; and
(2) must be open to public inspection.
(b) The state department shall provide copies of the reports filed
under section 3 of this chapter to the public upon request, at the state
department's actual cost.
(c) The following apply to information that is filed under section
6 of this chapter:
(1) Information filed with the state department's designated
(A) is confidential; and
(B) must be transferred by the contractor to the state
department in a format determined by the state
(2) Information filed with the state department or transferred
to the state department by the state department's designated
contractor is not confidential, except that information that:
(A) personally identifies; or
(B) may be used to personally identify;
a patient or consumer may not be disclosed.
(d) An analysis completed by the state department of
information that is filed under section 6 of this chapter:
(1) may not contain information that personally identifies or
may be used to personally identify a patient or consumer of
health services, unless the information is determined by the
state department to be necessary for a public health activity;
(2) must be open to public inspection; and
(3) must be provided to the public by the state department
upon request at the state department's actual cost.
SOURCE: IC 16-39-5-3; (02)HE1200.1.5. -->
SECTION 5. IC 16-39-5-3, AS AMENDED BY P.L.231-1999,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: 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.
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 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.
In use under subsection
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.
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.
A provider may disclose a health record or information
obtained from a health record to the association for use in connection
with a voluntary
scientific, statistical, or educational 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 voluntary
statistical, or educational project undertaken jointly by the association
and the state department if the association and the state department
have agreed to the project's scope, nature, and duration. public health
The information disclosed by:
(1) a provider to the association; or
(2) the association to the state department;
under this subsection is confidential.
Information contained in final results obtained by the state
department for a voluntary
scientific, statistical, or educational project
undertaken jointly by the state department and the association public
uses is based on
information disclosed under subsection
(2) identifies or could be used to determine the identity of a
is confidential. All other information contained in the final results is
Information that is:
(1) advisory or deliberative material of a speculative nature; or
(2) an expression of opinion;
including preliminary reports produced in
the course of a voluntary
scientific, statistical, or educational project undertaken jointly by the
state department and the association connection with a voluntary
public health activity
using information disclosed under subsection
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.
A person who recklessly violates or fails to comply with
commits a Class C infraction. Each
day a violation continues constitutes a separate offense.
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.
Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned