CHAPTER 4. PROVISION OF MENTAL HEALTH INFORMATION

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 mentalhealth services.
As added by P.L.2-1993, SEC.22.

IC 16-39-4-2
"Primary caregiver" defined; written request from relative orguardian for information
    Sec. 2. (a) As used in this section, "primary caregiver" means anindividual who provides for the physical, emotional, and social needsof another individual who cannot provide for the other individual'sown 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 anadult child; or
        (5) guardian, guardian ad litem, or court appointed specialguardian;
who is involved in the planning, provision, and monitoring of mentalhealth services delivered to the patient and the written consent of thetreating physician for the patient, the provider shall provide theindividual described in subdivision (1), (2), (3), (4), or (5) with theinformation described in section 3 of this chapter.
As added by P.L.2-1993, SEC.22. Amended by P.L.189-1995, SEC.2.

IC 16-39-4-3
Summary response from provider
    Sec. 3. If a provider has received a written request under section2 of this chapter, the provider shall provide the individual who madethe request with the following information:
        (1) A summary of the patient's diagnosis.
        (2) A summary of the information required to be given to thepatient under IC 12-27-6-2 and IC 12-27-6-3.
        (3) The types of medication that have been prescribed for thepatient.
        (4) A summary of the patient's prognosis.
As added by P.L.2-1993, SEC.22.

IC 16-39-4-4
Copying fees
    Sec. 4. IC 16-39-9 governs the fees that may be charged formaking 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 ofpatient to authorize release of information
    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 isincompetent, who consents in writing to the release of informationto an insurer that has issued a policy of accident and sicknessinsurance (as defined in IC 27-8-5-1) covering the patient, authorizesthe 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 orthe date the patient began receiving mental health, mentalretardation, 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 treatmentfacility or the date the services were terminated, if known.
        (5) The diagnosis for the patient with concise informationsubstantiating the diagnosis.
        (6) A brief description of the services provided to the patient,including the type of therapy used, medications ordered andadministered, the total number of hours spent in individual,group, or family treatment, recreational therapy, orrehabilitation activities.
        (7) The patient's status as either an inpatient or outpatient.
        (8) The patient's relationship to the policyholder or contractsubscriber.
        (9) The patient's prognosis and plan of treatment.
An insurer's request for the release of additional mental healthinformation relating to subdivisions (1) through (9) does not requirea further release in order for the provider to submit the additionalinformation to the insurer. The provider may release to the insurermental health information in addition to that reasonably related tosubdivisions (1) through (9) if an additional written consent isobtained from the patient or the patient's representative authorizingthe release of all information necessary for the insurer to adjudicatea claim made by the patient or the patient's representative. If such arelease is obtained, no further releases are required in order for theprovider to submit additional information in response to subsequentrequests for information by the insurer to complete its review of theclaim.
    (d) Nothing in this section removes the obligation of a patient topay for services if the patient's failure to authorize the release of

information under this section results in the limitation or denial ofinsurance benefits.
As added by P.L.102-1994, SEC.6.

IC 16-39-4-6
Application to other mental health records laws
    Sec. 6. This chapter does not prohibit the application to mentalhealth records of any law concerning health records that is notaddressed by this chapter.
As added by P.L.4-1997, SEC.11.