CHAPTER 1. HOSPITAL MEDICAL RECORDS
IC 34-43
ARTICLE 43. EVIDENCE: MEDICAL RECORDS
IC 34-43-1
Chapter 1. Hospital Medical Records
IC 34-43-1-1
Photographic process; treatment as original for purposes ofadmissibility
Sec. 1. (a) The recording of hospital medical records by anelectronic image system or reproduction process shall, for thepurposes of this chapter, be considered a photographic process.
(b) The making or recording of hospital medical records byelectronic data processing systems is an original written record.Printouts or other types of retrieved information in written or printedform shall be treated as original records in all courts oradministrative agencies for the purpose of its admissibility intoevidence.
As added by P.L.1-1998, SEC.39.
IC 34-43-1-2
Authentication of entries; procedure
Sec. 2. Entries made in a hospital medical record may beauthenticated by showing that:
(1) the electronic data processing equipment is standardequipment in the hospital;
(2) the entries were made in the regular course of business at orreasonably near to the happening of the event or order, opinion,or other information recorded;
(3) the security of the entries from unauthorized access can bedemonstrated through the use of audit trails; and
(4) records of all original entries and subsequent access to theinformation are maintained.
As added by P.L.1-1998, SEC.39.
IC 34-43-1-3
Availability of records to authorized persons
Sec. 3. Hospitals using systems described in this chapter to keeptheir hospital medical records must do so in such a manner thatpermits the information to be made readily available, in written orprinted form, to authorized persons only.
As added by P.L.1-1998, SEC.39.
IC 34-43-1-4
Photostatic copies; admissibility
Sec. 4. Notwithstanding the hearsay rule, but subject to all otherobjections, photostatic copies of hospital medical records certifiedunder section 7 of this chapter are admissible into evidence in anycivil action or administrative proceeding without testimony from thecustodian of the hospital medical records.As added by P.L.1-1998, SEC.39.
IC 34-43-1-5
Response to subpoena or court order
Sec. 5. When a:
(1) subpoena coupled with a request under Rule 34 of theIndiana Rules of Trial Procedure;
(2) subpoena coupled with a patient's written authorizationunder IC 34-6-2-15(2) (or IC 34-3-15.5-4 before its repeal); or
(3) court order;
requiring the production of a hospital medical record is served uponany hospital employee, the hospital employee with custody of theoriginal hospital medical record may elect, instead of personallyappearing and producing the original hospital medical record, tofurnish the requesting party or the party's attorney with a photostaticcopy of the hospital medical record, certified in accordance withsection 7 of this chapter.
As added by P.L.1-1998, SEC.39.
IC 34-43-1-6
Delivery of copies pursuant to subpoena
Sec. 6. If the hospital has elected to proceed under section 5 ofthis chapter, the hospital employee with custody of the originalhospital medical records shall, upon receipt of payment for thereproduction of the hospital medical records, promptly deliver, bycertified mail or personal delivery, copies of the hospital medicalrecords specified in the subpoena to the person specified in thesubpoena.
As added by P.L.1-1998, SEC.39.
IC 34-43-1-7
Certification of medical records
Sec. 7. The hospital employee's certification of the hospitalmedical records under section 5 of this chapter must:
(1) be signed by the hospital employee with custody of thehospital medical records; and
(2) include:
(A) the full name of the patient;
(B) the patient's medical record number;
(C) the number of pages in the hospital medical record; and
(D) a statement in substantially the following form:
"The copies of records for which this certification is madeare true and complete reproductions of the original ormicrofilmed hospital medical records that are housed in__________ (name of hospital). The original records weremade in the regular course of business, and it was theregular course of ____________ (name of hospital) tomake the records at or near the time of the matterrecorded. This certification is given under IC 34-43-1-5 bythe custodian of the records instead of the custodian's
personal appearance.".
As added by P.L.1-1998, SEC.39.
IC 34-43-1-8
Handling of copies
Sec. 8. The hospital shall:
(1) place the copies of the hospital medical records in anenvelope or wrapper; and
(2) write or type on the envelope or wrapper:
(A) the words "Confidential Medical Records";
(B) the title and number of the action or proceeding; and
(C) the name and business telephone number of the hospitalemployee making the certification.
As added by P.L.1-1998, SEC.39.
IC 34-43-1-9
Procedure when records not in possession of hospital
Sec. 9. If the hospital does not have the hospital medical recordsor has only a part of the hospital medical records specified in thesubpoena, the hospital employee with custody of the original hospitalmedical records shall:
(1) execute an affidavit, either notarized or by affirmation,stating that the hospital does not have or has only a part of thesubpoenaed hospital medical records; and
(2) follow the procedures in sections 5 through 8 of this chapterin delivering the part of the hospital medical records that are inthe hospital's possession.
As added by P.L.1-1998, SEC.39.
IC 34-43-1-10
Medical records confidential under certain federal statutes
Sec. 10. (a) This section applies to a medical record or part of arecord that is confidential under 42 U.S.C. 290dd-3, 42 U.S.C.290ee-3, or the regulations adopted under those statutes.
(b) The hospital employee with custody of the original medicalrecords shall:
(1) execute a verified affidavit:
(A) identifying the record or part of the record that isconfidential; and
(B) stating that the confidential record or part of the recordwill only be provided under the federal procedure forproduction of the record; and
(2) comply with sections 5 through 8 of this chapter indelivering the record or part of the record that is notconfidential under subdivision (1).
As added by P.L.1-1998, SEC.39.
IC 34-43-1-11
Medical records regarding treatment for mental illness
Sec. 11. (a) This section applies to a medical record or part of a
record concerning treatment for mental illness.
(b) The hospital employee with custody of the original medicalrecords shall:
(1) execute a verified affidavit:
(A) identifying the record or part of a record that containsthe confidential information concerning the treatment ofmental illness; and
(B) stating that the confidential record or part of the recordwill only be provided under a court order after in camerareview; and
(2) comply with sections 5 through 8 of this chapter indelivering the record or part of the record that is notconfidential under subdivision (1).
As added by P.L.1-1998, SEC.39.
IC 34-43-1-12
Confidential records regarding communicable diseases
Sec. 12. (a) This section applies to a medical record or part of arecord that contains information that is confidential underIC 16-41-8-1.
(b) The hospital employee with custody of the original medicalrecords shall:
(1) execute a verified affidavit:
(A) identifying the record or part of a record that containsthe confidential information concerning a dangerouscommunicable disease; and
(B) stating that the confidential record or part of the recordwill only be provided under a court order after in camerareview under IC 16-41-8-1; and
(2) comply with sections 5 through 8 of this chapter indelivering the record or part of the record that is notconfidential under subdivision (1).
As added by P.L.1-1998, SEC.39. Amended by P.L.1-1999, SEC.75.
IC 34-43-1-13
Fees
Sec. 13. The hospital may charge the fee permitted underIC 16-39-9 to cover the costs of reproducing the hospital medicalrecords under section 5 of this chapter.
As added by P.L.1-1998, SEC.39.
IC 34-43-1-14
Personal delivery of copies; receipt
Sec. 14. (a) Whenever the copies of the hospital medical recordsare personally delivered, the person receiving the hospital medicalrecords shall give a receipt to the person delivering them.
(b) The receipt required by subsection (a) must contain:
(1) the name of the hospital that sent the hospital medicalrecords;
(2) the patient's full name; (3) the patient's medical record number;
(4) the date the copies of the hospital medical records werereceived; and
(5) the signature of the person who receives the hospitalmedical records.
As added by P.L.1-1998, SEC.39.
IC 34-43-1-15
Delivery of copies by certified mail; receipt
Sec. 15. Whenever the copies of the hospital medical records aresent by certified mail, the receipt used by the United States PostalService is sufficient to prove delivery and receipt of the hospitalmedical records.
As added by P.L.1-1998, SEC.39.
IC 34-43-1-16
Disposal of copies
Sec. 16. The party or party's attorney of record shall dispose ofcopies of hospital medical records obtained under this chapter in amanner that protects the confidentiality of the medical informationin the copies.
As added by P.L.1-1998, SEC.39.
IC 34-43-1-17
Orders
Sec. 17. Upon motion by any party to an action or proceeding, orby the person from whom discovery is sought under this chapter, andfor good cause shown, the court, hearing officer, or other bodyconducting the proceeding may make any order that justice requires.
As added by P.L.1-1998, SEC.39.