IC 12-24-11
    Chapter 11. Release of Records Concerning Patients DischargedFrom State Institutions

IC 12-24-11-1
Repealed
    (Repealed by P.L.40-1994, SEC.83.)

IC 12-24-11-2
Patient with developmental disability; release to local agencyserving such needs in residing area; authorization; form; requisites
    Sec. 2. (a) This section applies to an individual who has a primarydiagnosis of developmental disability.
    (b) Action contemplated by a patient under this section includesaction by the patient's parent or guardian if the patient is notcompetent.
    (c) If a patient is admitted to a state institution, the staff of thestate institution shall, before the patient is discharged, ask the patientwhether the patient's medical and treatment records may be sent toa service coordinator employed by the division of disability andrehabilitative services under IC 12-11-2.1 so the service coordinatormay send the records to local agencies serving the needs ofindividuals with a developmental disability in the area in which thepatient will reside.
    (d) If a patient agrees to release the records, the patient shall signa form permitting the state institution to release to a servicecoordinator employed by the division of disability and rehabilitativeservices under IC 12-11-2.1 a copy of the patient's medical andtreatment records to forward to local agencies serving the needs ofindividuals with a developmental disability in the area in which thepatient will reside. The form must read substantially as follows:

AUTHORIZATION TO RELEASE


MEDICAL AND TREATMENT


RECORDS


I agree to permit ________________________________
    (name of state institution)
to release a copy of the medical and treatment records of
__________________    to _________________________
    (patient's name)    (name of local agency
        serving the needs of
        individuals with a developmentaldisability)
______________    ___________________________
    (date)    (signature)
        ___________________________
        (address)
____________________    ___________________________
(signature of individual    (relationship to patient if
securing release of    signature is not that of the
medical and treatment    patient)records)
    (e) If a patient knowingly signs the form for the release of medicalrecords under subsection (d), a service coordinator employed by thedivision of disability and rehabilitative services under IC 12-11-2.1shall allow local agencies serving the needs of individuals with adevelopmental disability in the area in which the patient will resideto obtain the following:
        (1) The patient's name.
        (2) The address of the patient's intended residence.
        (3) The patient's medical records.
        (4) A complete description of the treatment the patient wasreceiving at the state institution at the time of the patient'sdischarge.
    (f) If the local agency does not obtain a patient's records, the stateinstitution shall deliver the medical records to the local agencybefore or at the time the patient is discharged.
    (g) If a patient does not agree to permit the release of the patient'smedical and treatment records, the service coordinator shall deliver:
        (1) the patient's name; and
        (2) the address of the patient's intended residence;
to local agencies serving the needs of individuals with adevelopmental disability in the area in which the patient will residebefore or at the time the patient is discharged.
As added by P.L.2-1992, SEC.18. Amended by P.L.4-1993, SEC.200;P.L.5-1993, SEC.213; P.L.24-1997, SEC.55; P.L.272-1999, SEC.45;P.L.141-2006, SEC.65; P.L.99-2007, SEC.117.

IC 12-24-11-3
Contact of patient, parent, or guardian; explanation of servicesavailable
    Sec. 3. Immediately upon receiving a patient's medical records ora patient's name and address under section 2 of this chapter,IC 12-24-12, or IC 12-26-11, the community mental health center, themanaged care provider, or the local agency serving the needs ofindividuals with a developmental disability shall do the following:
        (1) Contact:
            (A) the patient; or
            (B) the patient's parent or guardian if the patient is notcompetent.
        (2) Explain the types of services that are available to the patientin the area in which the patient will reside.
As added by P.L.2-1992, SEC.18. Amended by P.L.40-1994, SEC.48;P.L.99-2007, SEC.118.

IC 12-24-11-4
Compliance with chapter; exemption; requirement
    Sec. 4. (a) A person is exempt from complying with this chapteronly to the extent that compliance with this chapter will result in aloss of federal money or services.
    (b) A person shall comply with this chapter and perform

additional acts required to receive federal money or services ifperformance of the additional acts not specified by this chapter arerequired to receive the federal money or services.
As added by P.L.2-1992, SEC.18.