Sec. 10.5. (a) This section applies only to a
health care provider or former health care provider who is or was responsible for maintaining or possessing the
health records that have been
abandoned.
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Terms Used In Indiana Code 4-6-14-10.5
- 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
(c) In an action filed under subsection (b), a court may order the health care provider or former health care provider to reimburse the attorney general’s costs if the court finds that the health care provider or former health care provider intentionally or negligently abandoned the health records.
(d) Costs recovered under this section shall be deposited into the health records and personal identifying information protection trust fund established by section 10 of this chapter.
As added by P.L.76-2017, SEC.3.
