Sec. 6. (a) Before taking any action described in section 5 of this chapter, the attorney general shall determine whether a health care provider or regulated professional has abandoned health records or records 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 a state or federal law based on proof of facts that may have contributed to the determination of abandonment if the facts are proved in a subsequent enforcement action.

Terms Used In Indiana Code 4-6-14-6

  • abandoned: means :

    Indiana Code 4-6-14-1

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • health care provider: means :

    Indiana Code 4-6-14-2

  • health records: means written, electronic, or printed information possessed or maintained by a health care provider concerning any diagnosis, treatment, or prognosis of the patient, including health information that is possessed or maintained on microfiche, microfilm, or in a digital format. See Indiana Code 4-6-14-2.5
  • personal information: has the meaning set forth in Indiana Code 4-6-14-3
  • regulated professional: means an individual who is regulated by an entity described in Indiana Code 4-6-14-4
  • Subpoena: A command to a witness to appear and give testimony.
     (c) An investigation to make a determination of abandonment under this section must be conducted under the attorney general’s authority under existing state and federal law. Nothing in this chapter shall be construed to create new authority for a subpoena or search warrant.

As added by P.L.84-2010, SEC.1.

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