Indiana § 16-39-1-1 - Right of access; written requests; deadline for complying with written requests

§ 16-39-1-1. Right of access; written requests; deadline for complying with written requests

Sec. 1. (a) This section applies to all health records except mental health records, which are governed by IC 16-39-2, IC 16-39-3, and IC 16-39-4.

(b) This article applies to all health records, except:

(1) records regarding communicable diseases, which are governed by IC 16-41-8-1; or

(2) records regarding alcohol and other drug abuse patient records, which are governed by 42 CFR, Part 2.

(c) On written request and reasonable notice, a provider shall supply to a patient the health records possessed by the provider concerning the patient. Subject to 15 U.S.C. 7601 et seq. and 16 CFR Part 315, information regarding contact lenses must be given using the following guidelines:

(1) After the release of a patient from an initial fitting and follow-up period of not more than six (6) months, the contact lens prescription must be released to the patient at the patient's request.

(2) A prescription released under subdivision (1) must contain all information required to properly duplicate the contact lenses.

(3) A contact lens prescription must include the following:

(A) An expiration date of one (1) year.

(B) The number of refills permitted.

(4) Instructions for use must be consistent with:

(A) recommendations of the contact lens manufacturer;

(B) clinical practice guidelines; and

(C) the professional judgment of the prescribing optometrist or physician licensed under IC 25-22.5.

After the release of a contact lens prescription under this subsection, liability for future fittings or dispensing of contact lenses under the original prescription lies with the dispensing company or practitioner.

(d) On a patient's written request and reasonable notice, a provider shall furnish to the patient or the patient's designee the following:

(1) A copy of the patient's health record used in assessing the patient's health condition.

(2) At the option of the patient, the pertinent part of the patient's health record relating to a specific condition, as requested by the patient.

(e) Subject to section 5 of this chapter, a provider shall provide the health records requested under this section within thirty (30) days after the date the written request is made, unless the provider:

(1) within the initial thirty (30) days, seeks an extension of not more than thirty (30) days; and

(2) informs the patient in writing of the reasons for the extension and the date by which the provider will provide the health records.

Health records requested under this section must be provided as soon as practicably possible.

(f) In addition to any action taken under IC 16-19-3-18, the state department may impose a fine against a provider not to exceed five thousand dollars ($5,000) for not complying with the requirements of this section.

[Pre-1993 Recodification Citation: 16-4-8-2.]

As added by P.L.2-1993, SEC.22. Amended by P.L.40-1994, SEC.66; P.L.102-1994, SEC.1; P.L.2-1995, SEC.72; P.L.108-1996, SEC.4; P.L.157-2006, SEC.4; P.L.196-2021, SEC.12.