Sec. 1. (a) Notwithstanding IC 27-13-30, any information:

(1) that pertains to the diagnosis, treatment, or health of any enrollee of a health maintenance organization or limited service health maintenance organization; and

Terms Used In Indiana Code 27-13-31-1

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Statute: A law passed by a legislature.
(2) that is obtained from:

(A) the enrollee; or

(B) any provider;

by any health maintenance organization or limited service health maintenance organization;

is confidential and may not be disclosed to any person, except under the circumstances set forth in subsection (b).

     (b) Information described in subsection (a) may be disclosed:

(1) to the extent necessary to carry out this article;

(2) upon the express consent of the enrollee;

(3) under a statute or court order for the production of evidence or the discovery of evidence; or

(4) in the event of a claim or litigation between:

(A) the enrollee; and

(B) the health maintenance organization or limited service health maintenance organization;

in which the data or information is pertinent.

     (c) A health maintenance organization or limited service health maintenance organization is entitled to claim any statutory privilege against the disclosure of information described in subsection (a) that the provider who furnished the information to the health maintenance organization or limited service health maintenance organization is entitled to claim.

As added by P.L.26-1994, SEC.25.