Sec. 6. (a) Except as provided in subsections (b) and (c), a law enforcement agency, an insurer, or a governmental agency that has reason to believe that an application for insurance or a claim for insurance proceeds is being, or is likely to be, presented:

(1) based upon misrepresentation; and

Terms Used In Indiana Code 27-2-19-6

  • governmental agency: means any:

    Indiana Code 27-2-19-1

  • insurer: means a person who transacts a property and casualty insurance business. See Indiana Code 27-2-19-2
  • law enforcement agency: means an agency or a department of any level of government whose principal function is the apprehension of criminal offenders. See Indiana Code 27-2-19-3
(2) with intent to defraud;

is not required to obtain any authorization or release in order to receive or provide any information other than medical records and medical reports and medical related information contained in medical records and medical reports regarding or in any way potentially relating to that claim or application from or to any other law enforcement 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 provider submitted to support the claimed injuries; and

(4) referred to in subsection (a);

may be released without first obtaining authorization or a release from the injured claimant.

     (c) Medical records and medical reports and medical related information contained in medical records and medical reports may not be released under this chapter without first obtaining authorization 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 section 8 of this chapter.

As added by P.L.187-1996, SEC.1.

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