{"id":373262,"date":"2016-03-31T21:35:14","date_gmt":"2016-04-01T02:35:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/indiana-law\/indiana-medical-records-laws.html"},"modified":"2016-06-20T19:50:53","modified_gmt":"2016-06-21T00:50:53","slug":"indiana-medical-records-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/indiana-law\/indiana-medical-records-laws.html","title":{"rendered":"Indiana Medical Records Laws"},"content":{"rendered":"\n
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Indiana Medical Records Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

As patients, we tend to trust our doctors with extremely private and personal information. And rarely do we take the time to wonder about the rules and regulations regarding how our medical information is shared and stored. We may think our medical records are safe and secure, but are there laws that apply to doctors and hospitals sharing our personal health information? The answer in the Hoosier State is, \u201cYes.\u201d This is a brief summary of medical records laws in Indiana.<\/p>\n

General Medical Records Laws<\/h2>\n

Your medical records are generally protected by a combination of state and federal laws governing the privacy protection of medical records<\/a>. These laws determine whether doctors may share your medical information without your permission<\/a>. Under most circumstances, your personal medical information is confidential. <\/p>\n

However, nearly every state requires medical professionals to report suspected child abuse, positive HIV tests, and certain communicable diseases to the proper authorities. Under Indiana medical records laws, only the patient, authorized representative, or an authorized health case worker has access to medical records, except by subpoena or other court order.<\/p>\n

Medical Records Laws in Indiana<\/h2>\n

Each state can have varying medical records laws<\/a>, but all states must adhere to federal laws. The main provisions of Indiana medical record laws are listed in the chart below.<\/p>\n\n

Who Has Access to Records?<\/p>\n<\/td>\n

Patient, authorized representative, authorized health care worker (34-43-1-1, et. seq.; 16-41-8-1, et seq.)<\/p>\n<\/td>\n<\/tr>

What Privileges Apply to Medical Records?<\/p>\n<\/td>\n

Physicians (34-46-3-1)<\/p>\n<\/td>\n<\/tr>

Mandatory Reporting Requirements<\/p>\n<\/td>\n

Child abuse, HIV, and certain communicable diseases (31-33-5-1, \u00a716-41-2-2)<\/p>\n<\/td>\n<\/tr>

Patient Consent and Waiver<\/p>\n<\/td>\n

–<\/p>\n<\/td>\n<\/tr>

Insurance Companies<\/p>\n<\/td>\n

Insurance company may obtain records with written consent (\u00a716-39-5-2)<\/p>\n<\/td>\n<\/tr>

Provisions Related to HIV\/AIDS<\/p>\n<\/td>\n

All HIV cases must be reported (\u00a716-41-2-3)<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

Along with Indiana\u2019s statutes, a federal law known as the Health Insurance Portability and Accountability Act (HIPAA)<\/a> protects the confidentiality of medical records. HIPAA requires doctors and their staff to keep your medical records confidential unless one of three exceptions applies:<\/p>\n