Sec. 39. (a) A health care provider shall give a health care representative authorized to receive information under an advance directive the same access as the declarant has to examine and copy the declarant’s health information and medical records, including records relating to mental health and other medical conditions held by a physician or other health care provider.

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Terms Used In Indiana Code 16-36-7-39

  • advance directive: means a written declaration of a declarant who:

    Indiana Code 16-36-7-2

  • declarant: means a competent adult who has executed an advance directive. See Indiana Code 16-36-7-4
  • health care: means any care, treatment, service, supplies, or procedure to maintain, diagnose, or treat an individual's physical or mental condition, including preventive, therapeutic, rehabilitative, maintenance, or palliative care, and counseling. See Indiana Code 16-36-7-9
  • health care provider: means any person licensed, certified, or authorized by law to administer health care in the ordinary course of business or practice of a profession. See Indiana Code 16-36-7-12
  • health care representative: means a competent adult or other person designated by a declarant in an advance directive to:

    Indiana Code 16-36-7-13

  • health information: has the meaning set forth in Indiana Code 16-36-7-14
     (b) The access to records under this section must be given at the declarant’s expense and may be subject to reasonable rules of the provider to prevent disruption of the declarant’s health care.

     (c) A health care representative may release information obtained under this section to any person authorized to receive the information under IC 16-39.

As added by P.L.50-2021, SEC.63.