Sec. 10. (a) This section applies to a medical record or part of a record that is confidential under 42 U.S.C. §§ 290dd-3, 42 U.S.C. §§ 290ee-3, or the regulations adopted under those statutes.

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Terms Used In Indiana Code 34-43-1-10

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • medical record: means written or printed information possessed by a provider (as defined in IC 16-18-2-295) concerning any diagnosis, treatment, or prognosis of the patient, unless otherwise defined. See Indiana Code 1-1-4-5
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
     (b) The hospital employee with custody of the original medical records shall:

(1) execute a verified affidavit:

(A) identifying the record or part of the record that is confidential; and

(B) stating that the confidential record or part of the record will only be provided under the federal procedure for production of the record; and

(2) comply with sections 5 through 8 of this chapter in delivering the record or part of the record that is not confidential under subdivision (1).

[Pre-1998 Recodification Citation: 34-3-15.5-6(f).]

As added by P.L.1-1998, SEC.39.