Indiana Code 16-50-1-8. Review of records; access to records; no liability; confidentiality; review for abortion
(1) Records held by the local or state health departments, including the death certificate.
Terms Used In Indiana Code 16-50-1-8
- 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.
- maternal mortality: refers to death, occurring in Indiana, of an individual during pregnancy through up to one (1) year after pregnancy, irrespective of the duration and site of the pregnancy, from any cause related to or aggravated by the pregnancy or management of the pregnancy. See Indiana Code 16-50-1-2
- Subpoena: A command to a witness to appear and give testimony.
(3) Law enforcement records.
(4) Coroner records, including an autopsy report.
(5) Mental health records.
(6) Emergency medical services reports.
(7) Subject to IC 31-33-18-2, records held by the department of child services.
(8) To the extent allowable under state and federal law, other records held by the state department.
(b) The following shall provide to the statewide maternal mortality review committee, in good faith, access to records concerning a case under review under this chapter:
(1) A health care provider, including a mental health professional.
(2) A health care facility.
(3) An individual.
(4) An entity.
(c) A person described in subsection (b) that provides access to records in good faith under this section is not subject to liability in:
(1) a civil;
(2) an administrative;
(3) a disciplinary; or
(4) a criminal;
action that might otherwise be imposed as a result of the disclosure.
(d) Except as otherwise provided under this chapter, information and records acquired and interviews conducted by the statewide maternal mortality review committee in the exercise of the committee’s duties under this chapter are confidential and exempted from disclosure.
(e) Records, information, documents, and reports acquired or produced by the statewide maternal mortality review committee are not:
(1) subject to subpoena or discovery; or
(2) admissible as evidence;
in any judicial or administrative proceeding. Information that is otherwise discoverable or admissible from original sources is not immune from discovery or use in any proceeding merely because the information was presented during proceedings before the statewide maternal mortality review committee.
(f) The statewide maternal mortality review committee members and individuals who attend a statewide maternal mortality review committee meeting at the invitation of the chairperson shall maintain the confidentiality of records and information discussed and disseminated during the statewide maternal mortality review committee meeting.
(g) In reviewing the medical records and mental health records submitted by the health care provider or health care facility under this section, the statewide maternal mortality review committee shall determine:
(1) whether an abortion was performed on the individual and if so, whether the abortion contributed or was otherwise related to the maternal death; or
(2) whether a miscarriage occurred and, if so, whether the miscarriage contributed or was otherwise related to the maternal death.
Any finding by the statewide maternal mortality review committee that an abortion contributed to or was a related factor of the maternal mortality must be compiled and included in the annual report submitted under section 9 of this chapter.
As added by P.L.48-2018, SEC.3. Amended by P.L.65-2021, SEC.5.