Sec. 4. (a) Subject to subsection (f), all verbal communication belonging to or performed as part of a wellness program are confidential and privileged and may not be used in any administrative or judicial proceeding.

     (b) Subject to subsection (f), all minutes, records, reports, written expert opinions, written communications, and other comparable memoranda created or prepared by a wellness program are confidential and privileged and may not be used in any administrative or judicial proceeding.

     (c) Subject to section 8 of this chapter, neither the personnel of a wellness program nor any participant in a wellness program may reveal the content of any wellness program:

(1) communication;

(2) record; or

(3) determination;

to any person or entity outside of the wellness program.

     (d) Subject to subsection (f), a person who comprises, attends, or otherwise participates in a wellness program must invoke the confidentiality and privilege provisions described in this section during all administrative and judicial proceedings.

     (e) The production, disclosure, or discovery of any confidential or privileged information belonging to a wellness program is:

(1) subject to IC 16-39-3; and

(2) protected by the privilege and confidentiality provisions established under this chapter.

     (f) A court of competent jurisdiction may order the release of confidential or privileged information belonging to a wellness program only after conducting a hearing and the court finds by a preponderance of the evidence that:

(1) other reasonable methods of obtaining the information are not available or would not be effective; and

(2) the need for disclosure outweighs the potential harm to the patient. In weighing the potential harm to the patient, the court shall consider the impact of disclosure on the provider-patient privilege and the patient’s rehabilitative process.

A court mandating the discovery of confidential or privileged information under this subsection must do so via written court order.

     (g) Information that is otherwise discoverable or admissible from original sources outside of the wellness group is not confidential, privileged, or otherwise immune from discovery or use in any administrative or judicial proceeding merely because it was presented or used during a wellness group proceeding.

As added by P.L.101-2021, SEC.1.