IC 16-38-6
    Chapter 6. Chronic Disease Registry

IC 16-38-6-1
"Chronic disease"
    
Sec. 1. As used in this chapter, "chronic disease" means one (1)of the following conditions:
        (1) Asthma.
        (2) Diabetes.
        (3) Congestive heart failure or coronary heart disease.
        (4) Hypertension.
        (5) Kidney disease.
        (6) A condition that the state department:
            (A) determines should be included on the registry; and
            (B) chooses to add to the registry by rule under IC 4-22-2.
As added by P.L.212-2003, SEC.3. Amended by P.L.13-2004, SEC.2;P.L.48-2005, SEC.2.

IC 16-38-6-2
Establishing chronic disease registry
    
Sec. 2. The state department, with the cooperation of the office ofMedicaid policy and planning, shall establish a chronic diseaseregistry for the purpose of:
        (1) recording chronic disease cases that are diagnosed or treatedin Indiana; and
        (2) compiling necessary and appropriate informationdetermined by the state department concerning cases describedin subdivision (1) in order to do the following:
            (A) Conduct epidemiologic and environmental surveys ofchronic disease and use appropriate preventive and controlmeasures.
            (B) Inform citizens regarding programs designed to managechronic disease.
            (C) Provide guidance to the office of Medicaid policy andplanning to identify and develop cost and clinical measuresfor use in a program required by IC 12-15-12-19.
As added by P.L.212-2003, SEC.3.

IC 16-38-6-3
Using information compiled by public or private entities forregistry
    
Sec. 3. The state department shall use information compiled by apublic or private entity to the greatest extent possible in thedevelopment of a statewide chronic disease registry under thischapter.
As added by P.L.212-2003, SEC.3.

IC 16-38-6-4
Reporting confirmed cases of chronic disease; information used;Medicaid chronic disease data    Sec. 4. (a) The following persons may report confirmed cases ofchronic disease to the chronic disease registry:
        (1) Physicians.
        (2) Hospitals.
        (3) Medical laboratories.
        (4) Public and private third party payers.
    (b) A person who reports information to the state chronic diseaseregistry under this section may use:
        (1) information submitted to any other public or private chronicdisease registry; or
        (2) information required to be filed with federal, state, or localagencies;
when completing a report under this chapter. However, the statedepartment may require additional, definitive information.
    (c) The office of Medicaid policy and planning shall provide dataconcerning services for chronic diseases reimbursed by the stateMedicaid program to the chronic disease registry. The office shallwork with the state department to identify the data available and todetermine a means to transmit the information to assist the statedepartment in data collection for the chronic disease registry.
As added by P.L.212-2003, SEC.3. Amended by P.L.13-2004, SEC.3.

IC 16-38-6-5
Confidential information
    
Sec. 5. Except as provided in sections 6, 7, and 8 of this chapter,information obtained by the state department under this chapterconcerning chronic disease patients is confidential and may be usedby the state department only for the purposes of this chapter.
As added by P.L.212-2003, SEC.3.

IC 16-38-6-6
Access to confidential information
    
Sec. 6. The state department may grant a researcher access toconfidential information obtained under this chapter concerningindividual chronic disease patients if the researcher who is requestingadditional information for research purposes or soliciting thepatient's participation in a research project obtains the following:
        (1) First, the oral or written consent of the patient's attendingphysician.
        (2) Second, the patient's written consent by completing aconfidential medical release form.
As added by P.L.212-2003, SEC.3.

IC 16-38-6-7
Releasing confidential information
    
Sec. 7. The state department may release confidential informationobtained under this chapter concerning individual chronic diseasepatients to the following:
        (1) The chronic disease registry of another state if the followingconditions are met:            (A) The other state has entered into a reciprocal agreementwith the state department.
            (B) The reciprocal agreement under clause (A) states thatinformation that identifies a patient will not be released toany other person without the written consent of the patient.
        (2) Physicians and local health officers for diagnostic andtreatment purposes if the following conditions are met:
            (A) The patient's attending physician gives oral or writtenconsent to the release of the information.
            (B) The patient gives written consent by completing aconfidential medical release form.
        (3) The office of Medicaid policy and planning for purposesrelated to administering the state Medicaid plan.
As added by P.L.212-2003, SEC.3.

IC 16-38-6-8
Immunity
    
Sec. 8. A person who reports information for the chronic diseaseregistry under this chapter is immune from any civil or criminalliability that might otherwise be imposed because of the release ofconfidential information.
As added by P.L.212-2003, SEC.3.

IC 16-38-6-9
Releasing epidemiological information
    
Sec. 9. This chapter does not prevent the release to any interestedperson of epidemiological information that does not identify achronic disease patient.
As added by P.L.212-2003, SEC.3.

IC 16-38-6-10
Rules
    
Sec. 10. The state department may adopt rules under IC 4-22-2necessary to carry out this chapter.
As added by P.L.212-2003, SEC.3.