IC 4-6-14
    Chapter 14. Health Records and Identifying InformationProtection

IC 4-6-14-1
"Abandoned"
    Sec. 1. As used in this chapter, "abandoned" means voluntarilysurrendered, relinquished, or disclaimed by the health care provideror regulated professional, with no intention of reclaiming orregaining possession.
As added by P.L.84-2010, SEC.1.

IC 4-6-14-2
"Health care provider"
    Sec. 2. As used in this chapter, "health care provider" means aperson listed in IC 16-39-7-1(a)(1) through IC 16-39-7-1(a)(11).
As added by P.L.84-2010, SEC.1.

IC 4-6-14-3
"Personal information"
    Sec. 3. As used in this chapter, "personal information" has themeaning set forth in IC 24-4.9-2-10.
As added by P.L.84-2010, SEC.1.

IC 4-6-14-4
"Regulated professional"
    Sec. 4. As used in this chapter, "regulated professional" means anindividual who is regulated by a board listed under IC 25-1-11-1.
As added by P.L.84-2010, SEC.1.

IC 4-6-14-5
Attorney general's powers
    Sec. 5. The attorney general may do the following with abandonedhealth records and other records that contain personal information:
        (1) Take possession of.
        (2) Store.
        (3) Maintain.
        (4) Transfer.
        (5) Protect.
        (6) Destroy, subject to the limitations in sections 8(b) and 9(b)of this chapter.
As added by P.L.84-2010, SEC.1.

IC 4-6-14-6
Determination of abandonment
    Sec. 6. (a) Before taking any action described in section 5 of thischapter, the attorney general shall determine whether a health careprovider or regulated professional has abandoned health records orrecords containing personal information.
    (b) A determination of abandonment under this section may only

be used for the purpose of taking an action described in this chapter.However, a subsequent enforcement action may take place under astate or federal law based on proof of facts that may have contributedto the determination of abandonment if the facts are proved in asubsequent enforcement action.
    (c) An investigation to make a determination of abandonmentunder this section must be conducted under the attorney general'sauthority under existing state and federal law. Nothing in this chaptershall be construed to create new authority for a subpoena or searchwarrant.
As added by P.L.84-2010, SEC.1.

IC 4-6-14-7
Notification
    Sec. 7. (a) The attorney general shall make reasonable efforts tonotify the patients and those individuals identified in:
        (1) health records; or
        (2) records or documents that contain personal information;
that the attorney general has taken possession of the records ordocuments. The notice in this subsection must include informationabout the procedure for either obtaining originals or copies of therecords or having the original records sent to a duly authorizedsubsequent treating health care provider.
    (b) Unless prohibited by law, the attorney general may also notifyother persons, including professional organizations, hospitals, lawenforcement agencies, and government units, who:
        (1) may be able to assist in notifying persons whose recordswere abandoned and secured by the attorney general under thischapter; and
        (2) when appropriate, may be able to assist in returning therecords to those persons.
As added by P.L.84-2010, SEC.1.

IC 4-6-14-8
Length of time health records must be maintained; destruction ofrecords
    Sec. 8. (a) The attorney general shall maintain health recordsobtained under section 5 of this chapter for the lesser of thefollowing:
        (1) The time required under IC 16-39-7-1 and IC 16-39-7-2.
        (2) Three (3) years after the date the records are secured.
    (b) When the time expires under subsection (a), the attorneygeneral may destroy the health records obtained under section 5 ofthis chapter.
As added by P.L.84-2010, SEC.1.

IC 4-6-14-9
Length of time personal information records must be maintained;destruction of records
    Sec. 9. (a) The attorney general shall maintain records that are not

health records but contain personal information for at least three (3)years after the date the records are seized or secured.
    (b) When the time expires under subsection (a) and afternotification under section 7 of this chapter, the attorney general maydestroy the records that contain personal information.
As added by P.L.84-2010, SEC.1.

IC 4-6-14-10
Health records and personal identifying information protectiontrust fund
    Sec. 10. (a) The health records and personal identifyinginformation protection trust fund is established for the purpose ofpaying storage, maintenance, copying, mailing, and transfer of:
        (1) health records; and
        (2) records containing personal information;
as required under this chapter. Expenditures from the trust fund maybe made only to carry out the purposes of this subsection.
    (b) Subject to subsection (c), if a health care provider or aregulated professional is disciplined under IC 25-1-9 or IC 25-1-11,the board that issues the disciplinary order shall impose a fee againstthe individual of five dollars ($5). The fee must be deposited into thehealth records and personal identifying information protection trustfund.
    (c) If the amount in the health records and personal identifyinginformation protection trust fund exceeds seventy-five thousanddollars ($75,000), the fee imposed under subsection (b) may not beimposed on an individual who is subject to a disciplinary order.
    (d) The attorney general shall administer the trust fund.
    (e) The expenses of administering the trust fund shall be paidfrom the money in the fund.
    (f) The treasurer of state shall invest the money in the trust fundnot currently needed to meet the obligations of the fund in the samemanner as other public money may be invested.
    (g) Money in the trust fund at the end of a state fiscal year doesnot revert to the state general fund.
As added by P.L.84-2010, SEC.1.

IC 4-6-14-11
Immunity
    Sec. 11. The attorney general is immune from civil liability fordestroying or failing to maintain custody and control of any recordobtained under this chapter.
As added by P.L.84-2010, SEC.1.

IC 4-6-14-12
Cooperation with other agencies
    Sec. 12. The following may cooperate with the attorney general'soffice to implement this chapter:
        (1) The Indiana professional licensing agency and theappropriate board that regulates a health care provider or a

regulated professional under IC 25.
        (2) The state police department.
        (3) A prosecuting attorney.
        (4) Local law enforcement agencies.
        (5) Federal law enforcement agencies.
As added by P.L.84-2010, SEC.1.

IC 4-6-14-13
Rules
    Sec. 13. The attorney general may adopt rules under IC 4-22-2that are necessary to administer and implement this chapter.
As added by P.L.84-2010, SEC.1.

IC 4-6-14-14
Judicial review
    Sec. 14. A determination by the attorney general that healthrecords or other records that contain personal information have beenabandoned is subject to review in a circuit or superior court. Aperson who seeks to enforce this section must first notify the attorneygeneral of the intention to seek judicial review.
As added by P.L.84-2010, SEC.1.

IC 4-6-14-15
Funding
    Sec. 15. The attorney general may pay for the administration ofthis chapter only from funds currently appropriated to the office ofthe attorney general.
As added by P.L.84-2010, SEC.1.