2015 Indiana Code TITLE 16. HEALTH ARTICLE 39. HEALTH RECORDS CHAPTER 4. PROVISION OF MENTAL HEALTH INFORMATION
Download as PDF
IC 16-39-4
Chapter 4. Provision of Mental Health Information
IC 16-39-4-1
Application of chapter
Sec. 1. This chapter applies only to patients receiving mental
health services.
As added by P.L.2-1993, SEC.22.
IC 16-39-4-2
"Primary caregiver"; written request from relative or guardian for
information; provision of mental health records to a school
Sec. 2. (a) As used in this section, "primary caregiver" means an
individual who provides for the physical, emotional, and social needs
of another individual who cannot provide for the other individual's
own needs.
(b) Upon the written request of a patient's:
(1) spouse;
(2) parent if:
(A) the patient does not have a spouse; or
(B) the parent is the primary caregiver to the patient;
(3) adult child if the patient has neither a spouse nor a parent;
(4) sibling if the patient has neither a spouse, a parent, nor an
adult child; or
(5) guardian, guardian ad litem, or court appointed special
guardian;
who is involved in the planning, provision, and monitoring of mental
health services delivered to the patient and the written consent of the
treating physician for the patient, the provider shall provide the
individual described in subdivision (1), (2), (3), (4), or (5) with the
information described in section 3 of this chapter.
(c) Upon the written request of the parent, guardian, or court
appointed special guardian who is involved in the planning,
provision, and monitoring of the mental health of a child enrolled in
a school, the provider shall provide the child's school principal or
school leader with information described in section 3 of this chapter
without charge.
(d) A parent, guardian, guardian ad litem, or court appointed
special guardian who prepares a written request under this section
shall sign an authorization for the release of mental health records, as
may be requested by the provider in satisfaction of any requirements
under the federal Health Insurance Portability and Accountability Act
(42 U.S.C. 201 et seq., as amended and including governing
regulations) and state law. A provider that discloses information and
records to a school principal or school leader as requested under this
chapter is immune from civil, criminal, and administrative liability
for the disclosure to the school principal or school leader. The
authorization required by the provider may confirm the provider's
immunity.
Indiana Code 2015
As added by P.L.2-1993, SEC.22. Amended by P.L.189-1995, SEC.2;
P.L.41-2014, SEC.1.
IC 16-39-4-3
Summary response from provider; limitation for mental health
information to school; requirement of confidentiality agreement;
immunity
Sec. 3. (a) If a provider has received a written request under
section 2(b) of this chapter, the provider shall provide the following
information to the individual who made the request or, if the request
is made under section 2(c) of this chapter, the patient's school
principal or school leader:
(1) A summary of the patient's diagnosis.
(2) A summary of the information required to be given to the
patient under IC 12-27-6-2 and IC 12-27-6-3.
(3) The types of medication that have been prescribed for the
patient.
(4) A summary of the patient's prognosis.
If the information is provided after a request is made under section
2(c) of this chapter, the provider shall limit the information provided
to information concerning the patient's mental health. The school
principal or school leader shall keep the information the principal or
school leader receives under this section confidential.
(b) A school principal or school leader who receives information
and mental health records under this chapter shall sign a
confidentiality agreement prescribed by the provider confirming that
the information and mental health records released by the provider
may not be disclosed by the principal except to the minimum
necessary extent required to:
(1) inform necessary school staff of the principal's or school
leader's decision regarding the student's fitness for school
attendance and participation in services; or
(2) satisfy duties imposed upon the principal or school leader by
law.
(c) A school principal or school leader who receives information
and mental health records under this chapter is immune from civil,
criminal, and administrative liability for disclosures made pursuant
to this chapter.
As added by P.L.2-1993, SEC.22. Amended by P.L.41-2014, SEC.2.
IC 16-39-4-4
Copying fees
Sec. 4. IC 16-39-9 governs the fees that may be charged for
making and providing copies of records under this chapter.
As added by P.L.2-1993, SEC.22. Amended by P.L.102-1994, SEC.5.
IC 16-39-4-5
Information subject to disclosure; exempt institutions; failure of
patient to authorize release of information
Indiana Code 2015
Sec. 5. (a) This section does not apply to the following:
(1) An institution licensed under IC 12-25.
(2) A hospital licensed under IC 16-21.
(3) A treatment facility certified under IC 12-23-1-6.
(4) A state institution listed under IC 12-24-1.
(b) This section applies only to a patient's mental health records.
(c) A patient, or the patient's legal representative if the patient is
incompetent, who consents in writing to the release of information to
an insurer that has issued a policy of accident and sickness insurance
(as defined in IC 27-8-5-1) covering the patient, authorizes the
provider to disclose the following information to the insurer:
(1) The patient's name and the policy or contract number.
(2) The date the patient was admitted to a treatment facility or
the date the patient began receiving mental health, intellectual
disability, or substance abuse (as defined in IC 27-8-5-15.5)
services.
(3) The date of the beginning of the patient's illness.
(4) The date the patient was discharged from the treatment
facility or the date the services were terminated, if known.
(5) The diagnosis for the patient with concise information
substantiating the diagnosis.
(6) A brief description of the services provided to the patient,
including the type of therapy used, medications ordered and
administered, the total number of hours spent in individual,
group, or family treatment, recreational therapy, or
rehabilitation activities.
(7) The patient's status as either an inpatient or outpatient.
(8) The patient's relationship to the policyholder or contract
subscriber.
(9) The patient's prognosis and plan of treatment.
An insurer's request for the release of additional mental health
information relating to subdivisions (1) through (9) does not require
a further release in order for the provider to submit the additional
information to the insurer. The provider may release to the insurer
mental health information in addition to that reasonably related to
subdivisions (1) through (9) if an additional written consent is
obtained from the patient or the patient's representative authorizing
the release of all information necessary for the insurer to adjudicate
a claim made by the patient or the patient's representative. If such a
release is obtained, no further releases are required in order for the
provider to submit additional information in response to subsequent
requests for information by the insurer to complete its review of the
claim.
(d) Nothing in this section removes the obligation of a patient to
pay for services if the patient's failure to authorize the release of
information under this section results in the limitation or denial of
insurance benefits.
As added by P.L.102-1994, SEC.6. Amended by P.L.117-2015,
SEC.33.
Indiana Code 2015
IC 16-39-4-6
Application to other mental health records laws
Sec. 6. This chapter does not prohibit the application to mental
health records of any law concerning health records that is not
addressed by this chapter.
As added by P.L.4-1997, SEC.11.
Indiana Code 2015
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
