CHAPTER 19. FRAUD INVESTIGATION INFORMATION EXCHANGE

IC 27-2-19
    Chapter 19. Fraud Investigation Information Exchange

IC 27-2-19-1
"Governmental agency" defined
    Sec. 1. As used in this chapter, "governmental agency" meansany:
        (1) department;
        (2) division;
        (3) public agency;
        (4) political subdivision; or
        (5) other public instrumentality;
of a political subdivision, the state of Indiana, or the federalgovernment.
As added by P.L.187-1996, SEC.1.

IC 27-2-19-2
"Insurer" defined
    Sec. 2. As used in this chapter, "insurer" means a person whotransacts a property and casualty insurance business.
As added by P.L.187-1996, SEC.1.

IC 27-2-19-3
"Law enforcement agency" defined
    Sec. 3. As used in this chapter, "law enforcement agency" meansan agency or a department of any level of government whoseprincipal function is the apprehension of criminal offenders. Theterm includes the office of the inspector general.
As added by P.L.187-1996, SEC.1. Amended by P.L.222-2005,SEC.36.

IC 27-2-19-4
"Person" defined
    Sec. 4. As used in this chapter, "person" includes individuals,corporations, associations, limited liability companies, andpartnerships.
As added by P.L.187-1996, SEC.1.

IC 27-2-19-5
"Political subdivision" defined
    Sec. 5. As used in this chapter, "political subdivision" has themeaning set forth in IC 36-1-2-13.
As added by P.L.187-1996, SEC.1.

IC 27-2-19-6
Authorization or release from claimant; when required; exceptions
    Sec. 6. (a) Except as provided in subsections (b) and (c), a lawenforcement agency, an insurer, or a governmental agency that hasreason to believe that an application for insurance or a claim forinsurance proceeds is being, or is likely to be, presented:        (1) based upon misrepresentation; and
        (2) with intent to defraud;
is not required to obtain any authorization or release in order toreceive or provide any information other than medical records andmedical reports and medical related information contained in medicalrecords and medical reports regarding or in any way potentiallyrelating to that claim or application from or to any other lawenforcement agency, insurer, or governmental agency.
    (b) In claims for bodily injury, only information:
        (1) regarding the type of injury claimed;
        (2) regarding the date of the alleged injury;
        (3) regarding the name and address of each medical providersubmitted to support the claimed injuries; and
        (4) referred to in subsection (a);
may be released without first obtaining authorization or a releasefrom the injured claimant.
    (c) Medical records and medical reports and medical relatedinformation contained in medical records and medical reports maynot be released under this chapter without first obtainingauthorization or a release from the injured claimant unless:
        (1) the claim is a bodily injury claim; and
        (2) the parties requesting the release have complied with section8 of this chapter.
As added by P.L.187-1996, SEC.1.

IC 27-2-19-7
Immunity from liability
    Sec. 7. (a) As used in this section, "representative" includes:
        (1) a representative investigative agency; and
        (2) an attorney;
of a law enforcement agency, insurer, or governmental agency.
    (b) Any:
        (1) law enforcement agency, insurer, or governmental agency;or
        (2) agent, employee, or representative of a law enforcementagency, insurer, or governmental agency;
that receives or provides information referred to in this chapter ingood faith is immune from liability arising from the act of receivingor the act of providing the information.
As added by P.L.187-1996, SEC.1.

IC 27-2-19-8
Obtaining medical records and reports in claims for bodily injury
    Sec. 8. (a) A law enforcement agency, insurer, or governmentalagency who has obtained the names and addresses of a claimant'smedical providers under section 6(b) of this chapter may obtain theclaimant's medical records and medical reports from any other lawenforcement agency, insurer, or governmental agency:
        (1) with the prior authorization or release of the injuredclaimant; or        (2) without the prior authorization or release of the injuredclaimant if:
            (A) there is a reasonable belief that the mere request forauthorization or a release will hinder a fraud investigation;and
            (B) a verified application is presented to the circuit court inthe county where the application or claim is presented thatsets forth:
                (i) probable cause for the need to obtain the medicalrecords and medical reports and medical relatedinformation contained in the medical records and medicalreports without obtaining the proper release orauthorization; and
                (ii) the specific medical records and medical reports andmedical related information contained in the medicalrecords and medical reports requested.
    (b) The court, upon review of the information presented insubsection (a), may issue an order authorizing the law enforcementagency, insurer, or governmental agency to release the medicalrecords and medical reports and the medical related informationcontained in the medical records and reports requested.
As added by P.L.187-1996, SEC.1.

IC 27-2-19-9
Conflict of laws
    Sec. 9. For the purpose of insurance fraud investigation, if anotherprovision in Indiana law regarding the release or receipt ofinformation conflicts with this chapter, this chapter governs andcontrols.
As added by P.L.187-1996, SEC.1.