Sec. 8. (a) A law enforcement agency, insurer, or governmental agency who has obtained the names and addresses of a claimant’s medical providers under section 6(b) of this chapter may obtain the claimant’s medical records and medical reports from any other law enforcement agency, insurer, or governmental agency:

(1) with the prior authorization or release of the injured claimant; or

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Terms Used In Indiana Code 27-2-19-8

  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(2) without the prior authorization or release of the injured claimant if:

(A) there is a reasonable belief that the mere request for authorization or a release will hinder a fraud investigation; and

(B) a verified application is presented to the circuit court, superior court, or probate court in the county where the application or claim is presented that sets forth:

(i) probable cause for the need to obtain the medical records and medical reports and medical related information contained in the medical records and medical reports without obtaining the proper release or authorization; and

(ii) the specific medical records and medical reports and medical related information contained in the medical records and medical reports requested.

     (b) The court, upon review of the information presented in subsection (a), may issue an order authorizing the law enforcement agency, insurer, or governmental agency to release the medical records and medical reports and the medical related information contained in the medical records and reports requested.

As added by P.L.187-1996, SEC.1. Amended by P.L.84-2016, SEC.118.

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