Ind. Code § 16-39-1-3
Request for patient's health records; who may request
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2023
As of January 1, 2018
Sec. 3. (a) Health records may be requested by a competent patient if the patient is:
Sec. 3. (a) Health records may be requested by a competent patient if the patient is:
(1) emancipated and less than eighteen (18) years of age; or
(1) emancipated and less than eighteen (18) years of age; or
(2) at least eighteen (18) years of age.
(2) at least eighteen (18) years of age.
(b) If a patient is incompetent, the request for health records may be made by the parent, guardian, or custodian of the patient.
(b) If a patient is incompetent, the request for health records may be made by the parent, guardian, or custodian of the patient.
(c) Health records of a deceased patient may be requested:
(c) Health records of a deceased patient may be requested:
(1) by a coroner under IC 36-2-14-21 or by the personal representative of the patient's estate;
(1) by a coroner under IC 36-2-14-21 or by the personal representative of the patient's estate;
(2) if the estate of the deceased patient does not have a personal representative, by the spouse of the deceased patient;
(2) if the estate of the deceased patient does not have a personal representative, by the spouse of the deceased patient;
(3) if the deceased patient does not have a surviving spouse and the deceased patient's estate does not have a personal representative, by: (A) a child of the deceased patient; or (B) the parent, guardian, or custodian of the child of the deceased patient if the child of the deceased patient is incompetent; or
(3) if the deceased patient does not have a surviving spouse and the deceased patient's estate does not have a personal representative, by: (A) a child of the deceased patient; or (B) the parent, guardian, or custodian of the child of the deceased patient if the child of the deceased patient is incompetent;
(4) if the deceased patient was an incapacitated person for whom a guardian had been appointed under IC 29-3 or the law of another state, by the guardian of the deceased patient, except as provided in subsection (d).
(4) if the deceased patient was an incapacitated person for whom a guardian had been appointed under IC 29-3 or the law of another state, by the guardian of the deceased patient, except as provided in subsection (d); or
(5) if the deceased patient does not have a surviving spouse or child, and the deceased patient's estate does not have a personal representative, by any responsible member of the family.
(d) If:
(d) If:
(1) the deceased patient was an incapacitated person subject to a guardianship at the time of the patient's death; and
(1) the deceased patient was an incapacitated person subject to a guardianship at the time of the patient's death; and
(2) a personal representative of the estate of the deceased patient is appointed under IC 29-1-7;
(2) a personal representative of the estate of the deceased patient is appointed under IC 29-1-7;
the guardian of the deceased patient may not request health records of the deceased patient under subsection (c)(4).
the guardian of the deceased patient may not request health records of the deceased patient under subsection (c)(4).
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.