Indiana Code 16-39-1-3. Request for patient’s health records; who may request
(1) emancipated and less than eighteen (18) years of age; or
Terms Used In Indiana Code 16-39-1-3
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(b) If a patient is incompetent, the request for health records may be made by the parent, guardian, or custodian of the patient.
(c) Health records of a deceased patient may be requested:
(1) by a coroner under IC 36-2-14-21 or by the personal representative of the patient’s estate;
(2) if the estate of the deceased patient does not have a personal representative, by the spouse of the deceased patient;
(3) if the deceased patient does not have a surviving spouse and the deceased patient’s estate does not have a personal representative, by:
(A) a child of the deceased patient; or
(B) the parent, guardian, or custodian of the child of the deceased patient if the child of the deceased patient is incompetent;
(4) if the deceased patient was an incapacitated person for whom a guardian had been appointed under IC 29-3 or the law of another state, by the guardian of the deceased patient, except as provided in subsection (d); or
(5) if the deceased patient does not have a surviving spouse or child, and the deceased patient’s estate does not have a personal representative, by any responsible member of the family.
(d) If:
(1) the deceased patient was an incapacitated person subject to a guardianship at the time of the patient’s death; and
(2) a personal representative of the estate of the deceased patient is appointed under IC 29-1-7;
the guardian of the deceased patient may not request health records of the deceased patient under subsection (c)(4).
[Pre-1993 Recodification Citation: 16-4-8-3.]
As added by P.L.2-1993, SEC.22. Amended by P.L.28-2002, SEC.1; P.L.240-2017, SEC.1; P.L.45-2020, SEC.7.